Why People Struggle
- Miranda applies to custodial interrogation, not every stop; warnings are required before questioning while you are in custody (California POST; U.S. Courts: Miranda).
- People consent to searches they could refuse; broader searches generally require consent, a warrant, or probable cause (California POST, Search & Seizure; U.S. Courts).
- Drivers must present a license during a lawful traffic stop; this is required by Vehicle Code §12951 (CA Vehicle Code §12951).
- Arrestees miss time‑sensitive rights: at least three phone calls within three hours of arrest and prompt appearance before a judge within 48 hours, excluding Sundays/holidays (Penal Code §851.5; Penal Code §825).
In this article, you’ll learn how to avoid these pitfalls and make informed choices.
During a Stop: What You Must Do and May Refuse
Stay calm and ask, “Am I free to go?” If yes, you may leave. If no, you are detained. You may say, “I want to remain silent,” and you may decline consent to a search. Civil‑liberties guidance in California recommends using clear statements to invoke these rights (ACLU of Northern California).
Drivers: You must show your driver’s license (and registration/insurance on request) during a lawful traffic stop (Veh. Code §12951). Passengers are “seized” during a traffic stop and may challenge an unlawful stop (VC §12951; Brendlin v. California (U.S. Courts)).
Outside of driving: California has no general “stop‑and‑identify” law. You typically do not have to show ID during a detention, but giving a false name is a misdemeanor (Pen. Code §148.9). See ACLU SoCal’s explanation and the statute text (ACLU SoCal; PC §148.9).
Recording police: You may record officers in public as long as you do not interfere. California law states that recording alone is not resisting or obstructing (Pen. Code §148(g)) (PC §148(g)).
Common Mistake: Talking or Consenting to a Search
Many people answer questions or say, “Go ahead and look,” thinking it will help. In law, consent often makes a search lawful and can waive later challenges. Without consent, officers generally need a warrant or probable cause. For vehicles, the “automobile exception” allows a search when there is probable cause evidence is inside (U.S. Courts; California POST, LD 16). Consider saying, “I do not consent to a search. I choose to remain silent.” (ACLU of Northern California).
After Arrest: Your Immediate Rights
Miranda before questioning in custody. Police must advise you of the right to remain silent and to an attorney before custodial interrogation; once you clearly ask for a lawyer, questioning must stop (California POST, LD 15).
Phone calls. Immediately upon booking—and, except where physically impossible, no later than three hours after arrest—you have the right to make at least three completed calls. Parents/guardians responsible for a minor child get two additional calls to arrange care (Pen. Code §851.5) (PC §851.5).
See a judge promptly. You must be taken before a magistrate without unnecessary delay, and in any event within 48 hours after arrest, excluding Sundays and holidays (Pen. Code §825) (PC §825).
FAQs
Do I have to identify myself to police in California?
Generally no, unless you are driving. California has no general “stop‑and‑identify” statute, but giving a false name during a lawful detention or arrest is a misdemeanor (PC §148.9). Drivers must present a license on request (VC §12951) (PC §148.9; VC §12951; ACLU SoCal).
Can police search my car without a warrant?
Yes, if they have probable cause that the vehicle contains evidence, officers may search areas where that evidence could be found. Without probable cause, they typically need consent or a warrant (U.S. Courts).
How long can police hold me before I see a judge?
No more than 48 hours after arrest, excluding Sundays and holidays, absent unusual circumstances (PC §825) (PC §825).
When do police have to read Miranda rights?
Before custodial interrogation—questioning while you are in custody. If you clearly ask for a lawyer or to remain silent, questioning must stop (California POST, LD 15).
Call Us
If you need a civil rights lawyer or need help with What are your civil rights when stopped or arrested in California? in West Covina, CA, contact Law Offices of Michael D. Payne at (626) 974-8713.