Q: A Salt Lake City police officer stopped me on the street and asked me if he could ask some questions. I felt like I had no choice but to say yes. He asked me a few questions and then let me go. Could I have said no?
There are three levels of stops in Utah: Level 1, Level 2, and Level 3. The difference between the three is how much a police officer suspects you of committing a crime. The more he suspects that you did something illegal, the more legal authority he has in keeping you from walking away.
It sounds like you experienced a Level 1 stop, which means you could have politely declined to answer any questions. Think of this as a stranger who walks up to you to ask a question: you can always say no. When the officer asks, be polite and say something like, “I’m sorry, I’m in a hurry. Have a nice day!” If the officer didn’t suspect you of anything when he first asked the question, he cannot detain you.
If the cop tries to intimidate you to answer his questions, you should ask, “Are you detaining me right now, or am I free to leave?” If this really is a Level 1 stop, the officer should let you go on your way.
A Level 2 stop is when a police officer has “reasonable articulable suspicion” that you committed a crime. This means that the officer reasonably suspects that you are involved in illegal activity. A Level 3 stop is when the officer has “probable cause” that you committed the crime, meaning that he thinks that you probably did something illegal. Under both a Level 2 and Level 3 stop, the cops are detaining you. You are not free to leave.
If an officer tells you that you are not free to leave, the officer should be able to tell you why you are being detained. If the cop starts asking you questions, the only questions you are obligated to answer are questions about your name, address, and explanation of your actions. You do not have to answer questions that could incriminate you. If you are being questioned by a police officer, simply ask for an attorney and the questioning should stop. At your next available opportunity, you should contact the best Utah criminal defense attorney to assist you through the investigation.
When dealing with the police remember the three golden rules:
1. Don’t trust or believe the police.
2. Don’t resist being handcuffed.
3. Don’t say a damn thing.
