You’ve heard the old saying that anything you say can and be used against you and that you have a right to remain silent? It’s great advice. And while I’m not saying you have to be a mute, there are clear answers you should give to the four most common questions a cop will ask you when you are pulled over in Illinois.
The first thing I’ll tell you is that you can and should be polite. Say hello, but then let them lead the conversation. The first question will usually be something like:
Do you know how fast you were going?
This is a trick question. If the speed limit is 55 and you were going 80, telling them that you were going 70 is still admitting to speeding. Also, the question implies that you were doing a certain speed the whole time. You can usually honestly say “I was going the speed limit.” It’s not your job or a good idea to confess to a violation. And you don’t know at what point they were referring to.
If they don’t ask how fast you were going, they might say something like:
Do you know why I pulled you over?
Again, it’s not your job to confess. The proper answer is “I do not.” You might admit to something they weren’t thinking of like a broken taillight or speeding.
It’s possible they will then ask you this:
Can I search you and your car?
They can’t do this unless you consent or they have probable cause such as seeing a weapon in the back seat or evidence of illegal drugs. Again, the right answer is a polite no.
Finally, they might ask you:
Where are you coming from and where are you going?
This is none of their business. Some lawyers will tell you to say “I don’t feel comfortable sharing that information with someone I don’t know.” Others would tell you the simple truth of “work” or “home” is fine. Either way, don’t over share.
The bottom line is that the less you say, the better in most situations. It’s not your job to admit guilty or prove innocence. It’s their job to prove you did something wrong.