Know Your Rights in California

The Fourth Amendment protects you from unreasonable searches and seizures by the government.

  • A search without a warrant is presumed to be unreasonable.
  • Police need a warrant or valid exception (like consent or emergency) to search you, your belongings, or your home.
  • Say: “I do not consent to this search.”
  • This applies in vehicles, schools, and homes (with some differences).

The Fifth Amendment protects you from being forced to incriminate yourself and guarantees due process.

  • You do not have to answer questions from police or prosecutors.
  • Say: “I’m exercising my right to remain silent. I do not wish to speak without my lawyer present.”
  • To use this right, you must stay silent after stating it. If you keep talking, courts can say you waived the right to remain silent by talking.
  • The Fifth Amendment also protects against double jeopardy (being tried for the same crime twice) and forced confessions.

The Sixth Amendment guarantees your right to a fair trial and legal representation in criminal cases.

  • You have the right to a lawyer when you're questioned or prosecuted for a crime.
  • If you cannot afford a lawyer, the court must appoint one (a public defender).
  • You have the right to know what charges are being brought and to confront witnesses.
  • Say: “I want to speak to a lawyer.” Then remain silent until your lawyer is present.
  • Stay calm.
  • Ask: “Am I free to go?”
    • If yes, walk away calmly.
    • If no, you’re being detained.
  • You have the right to remain silent.
    • “I’m exercising my right to remain silent.”
    • “I do not wish to speak without my lawyer present.”
    • You must continue to exercise your right to remain silent by remaining silent.
    • If police continue to ask questions (e.g., “Who is your lawyer?”), you are not required to answer.
  • In California, you generally do NOT have to give your name unless:
    • You are lawfully detained, and
    • Police need your name to issue a citation or arrest report.
  • You do not have to consent.
  • Say clearly: “I do not consent to this search.”
  • If they search anyway, do not resist. Stay calm and silent.
  • If asked questions during or after a search:
    • “I do not wish to speak without my lawyer present.”
    • "I wish to remain silent."
    • Then remain silent, even if they continue to ask questions.
    • To exercise your right to remain silent, you must remain silent, except to clearly ask for a lawyer.
  • You must show:
    • Driver’s License
    • Registration
    • Proof of Insurance
  • You don’t have to answer other questions.
    • “I’m exercising my right to remain silent.”
    • “I do not wish to speak without my lawyer present.”
    • You must continue to exercise your right to remain silent by remaining silent.
  • If police ask to search your car:
    • “I do not consent to a search.”
  • You have the right to remain silent.
  • You have the right to an attorney during questioning.
  • Say:
    • “I want to speak to a lawyer.”
    • “I do not wish to speak without my lawyer present.”
  • If police continue to ask questions, you are not required to answer.
  • You exercise your right to remain silent by remaining silent.
  • You do not have to open the door unless they have a warrant.
  • Ask: “Do you have a warrant?”
  • View it through a window or peephole — do not open the door to see it.
  • A valid warrant must list:
    • Your name and address
    • A judge’s signature
    • What they are allowed to search or the reason for arrest
  • If they do NOT have a warrant:
    • Say: “I do not consent to a search.”
    • They cannot enter unless it is an emergency.
    • If they ask questions:
      • “I’m exercising my right to remain silent. I do not wish to speak without my lawyer present.”
      • Then remain silent.
  • Let them in only if the warrant is valid. Do not interfere.
  • Say: “I do not consent to this search, but I will not interfere.”
  • If they ask questions:
    • “I’m exercising my right to remain silent. I do not wish to speak without my lawyer present.”
    • You must continue to exercise your right to remain silent by remaining silent.
  • You have the right to record police in public and in your home as long as you do not interfere.
  • California is a two-party consent state. If you record audio of private conversations, notify the officer.

Say:
“I’m recording for accountability. I am not interfering.”

  • Police cannot:
    • Force you to stop recording
    • Delete your footage
    • Take your phone without a warrant

If they try, say:
“I do not consent to a search or seizure of my device.”

  • You have the right to express yourself unless it causes disruption or promotes illegal activity.
  • You can wear protest clothing — see Tinker v. Des Moines 393 U.S. 503 (1969).
  • Schools can prohibit speech promoting illegal drug use, i.e. displaying banner with BONG HiTS 4JESUS — Morse v. Frederick, 551 U.S. 393 (2007).
  • School staff can search backpacks/lockers with reasonable suspicion or permission.
  • They cannot search your phone without reasonable suspicion or permission. Courts have said the search of the phone must be limited in scope to evidence of the rules violation or crime.

Say: “I do not consent to a search of my phone.”

  • You have the right to remain silent and to have a parent or lawyer present.
  • Say:
    • “Am I free to leave?”
    • “I want to speak to a lawyer.”
    • “I do not wish to speak without my lawyer present.”
  • Then remain silent — this is how you exercise your right.
  • Don’t argue or lie.
  • Don’t give permission for searches — you may waive your rights.
  • Ask for a lawyer.
  • You do not have to answer any questions without your lawyer there.
  • You have the right to stay silent. Exercise that right by staying silent.

Say:
“I’m choosing to remain silent until I can talk to my lawyer.”
Then remain silent.

 

This guide is provided for informational and educational purposes only and does not constitute legal advice. The contents of this guide are not a substitute for professional legal counsel, and reading or using this guide does not create an attorney-client relationship between the reader and the California Public Defenders Association or any attorney who is associated with the California Public Defenders Association.

If you have been detained, arrested, charged with a crime, or are facing legal proceedings, you should consult with a criminal defense attorney in your jurisdiction who can provide legal advice tailored to your specific circumstances.

If you cannot afford an attorney, find your nearest public defender.