5 Questions You Don’t Legally Have to Answer During a Police Stop in Arizona

If You Get Stopped, Know Your Rights in Arizona

Knowing your rights if you're stopped by police in Arizona can make a significant difference to the outcome.

If you get pulled over while driving, you're legally required to provide your driver's license, registration, and proof of insurance. That's where your legal obligation ends. Beyond that, you have the right to remain silent.

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Before I go further, a reminder: the best plan is always to be respectful and polite. Knowing what is and isn't legal during a traffic stop can be powerful information. When you're pulled over, a police officer may ask you some questions, but did you know, you're not legally required to answer all of them?

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5 Questions You're Not Legally Required to Answer During a Traffic Stop

Here are five common questions you're not required to answer:

1. Where are you coming from?

Police often ask this during a traffic stop. It might seem like small talk, but it's frequently used to build a case. You're not obligated to answer. Don't be belligerent or rude; say, "I prefer not to answer."

2. Have you been drinking?

This is a big one. Any answer can be used against you. You can simply say, "I choose to remain silent." That's your Fifth Amendment right. 

3. Do you have anything illegal in the car?

You're not required to answer this either. And unless officers have probable cause, you can refuse a search of your vehicle. 

4. Can I search your car?

You can, and should, say no unless the officer has a warrant or probable cause. Giving your consent waives your Fourth Amendment protections.

5. Where do you live?

If your driver's license is up to date, you've probably already given this information to the officer. If it's not on your ID, you don't have to disclose your address during a stop.

These rules also apply to your passengers. According to the ACLU of Arizona, both drivers and passengers have the right to remain silent and refuse consent to searches.

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One Question You Must Answer During a Traffic Stop in Arizona

There is one question you MUST answer in Arizona: Do you have a gun in your car?

You're legally allowed to open carry a handgun. Unlike many other states, you don't need a license to conceal carry a weapon.

You're legally allowed to drive with a gun in your trunk or glovebox. Still, until you're asked by a police officer, you don't need to disclose this information. However, when you're asked, you must tell the officer the truth.

Sources: Arizona Revised Statutes | Pajerski Law | Coolidge Law Firm