What to Do Before an Official Arrest

(Last Updated On: October 20, 2018)

Before the Official Arrest

From the moment you are stopped, you can be questioned and even searched by police, but you do have certain rights, even before your Miranda rights are read as part of an official arrest:

  • Pre-arrest questioning: Although you should always remain polite, you are not required to answer police questions during a stop. While your answers at this point are technically not allowed to be used against you in court, even an innocent response can serve to incriminate yourself. Self-incrimination is not required under the law.
  • Searches: Arizona law states that a search warrant is required for police to conduct a search ? however, warrantless searches are permitted under certain circumstances. For example, they can search your vehicle if you are arrested in that vehicle. When the police have neither a warrant nor grounds for a warrantless search, they can search you or your property if you give them permission to do so.

You are not required to give this permission.

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