6 min read • Rights
Learn what the 4th, 5th, and 6th Amendments mean if you're ever questioned, searched, or arrested.
If you're ever stopped by police, knowing your constitutional rights can protect you. The 4th, 5th, and 6th Amendments give you specific protections during police encounters.
This isn't about being anti-police—it's about understanding your legal protections so you can handle these situations safely and confidently.
The 4th Amendment protects you from unreasonable searches and seizures. Police generally need a warrant or your consent to search you or your property.
Your Car
Police need probable cause to search your vehicle without a warrant
Your Phone
Police need a warrant to search your phone—even if you're arrested
Your Home
Police need a warrant or emergency circumstances to enter your home
"I do not consent to a search." You have the right to refuse consent to a search. If police search anyway, don't resist—but clearly state you don't consent. This can help your case later.
The 5th Amendment protects you from self-incrimination. You have the right to remain silent and not answer questions that could be used against you.
"I'm exercising my right to remain silent. I want to speak to a lawyer."
Say this clearly and unambiguously. Then, stop talking. Don't try to explain or negotiate—just invoke your rights and wait for legal counsel.
The 6th Amendment guarantees you the right to legal representation. If you can't afford a lawyer, one will be appointed for you.
Your right to counsel "attaches" once criminal proceedings begin against you—typically at your first court appearance or when you're formally charged. However, you can request a lawyer at any time during police questioning.
If you can't afford a private attorney, the court will appoint a public defender. These are real lawyers who work for you—not the government—and they're often very experienced in criminal law.
Once you invoke your right to a lawyer, police must stop questioning you until your attorney is present. Don't let them convince you to waive this right.
You're pulled over for a broken taillight. The officer asks if they can search your car.
Step 1: Be Polite and Calm
Keep your hands visible. Be respectful. Don't argue or resist, even if you think the stop is unfair.
Step 2: Provide Required Documents
You must provide your license, registration, and insurance. You don't have to answer other questions.
Step 3: Refuse the Search
Say: "I do not consent to a search." If they search anyway, don't interfere—but your refusal is on record.
Step 4: Ask If You're Free to Leave
If the officer keeps questioning you, ask: "Am I free to go?" If yes, you can leave. If no, you're being detained—invoke your right to remain silent and ask for a lawyer.
No unreasonable searches. Say: "I do not consent."
Right to remain silent. Say: "I'm exercising my right to remain silent."
Right to a lawyer. Say: "I want to speak to a lawyer."
These rights exist to protect you. Using them doesn't make you look guilty—it makes you informed. Stay calm, be respectful, clearly invoke your rights, and wait for legal counsel before answering questions. That's the smartest way to protect yourself.