Three kinds of encounters
- Consensual encounter. An officer may approach and talk to you, and you are free to leave. You can ask, "Am I free to go?"
- Detention. An officer who has reasonable suspicion that you are involved in a crime may hold you briefly to investigate. Terry v. Ohio, 392 U.S. 1 (1968).
- Arrest. An arrest requires probable cause. Being handcuffed and placed in a patrol car can be an arrest even if the officer does not use that word.
Do you have to give your name?
On foot, or as a passenger: Texas law does not require you to give your name unless you have been lawfully arrested. After an arrest, refusing to give your name, address or date of birth is an offense. Giving a false name or information to an officer who has lawfully arrested or detained you is a crime at any point (Penal Code 38.02).
Drivers: a driver must show a driver's license when an officer asks (Transportation Code 521.025). Since September 1, 2023, a driver lawfully stopped for a violation who does not show a license and refuses to give name, license number, address or date of birth commits a separate offense (Penal Code 38.02(b-1)). If you are driving, identify yourself.
Traffic stops
- A traffic stop can last only as long as it takes to handle the reason for the stop. Officers may not extend it to wait for a drug dog without reasonable suspicion. Rodriguez v. United States, 575 U.S. 348 (2015).
- Officers may order the driver and passengers out of the car.
- Keep your hands visible, and tell the officer before you reach for anything.
You can refuse a search
Officers do not have to tell you that you can say no. If you agree, the search is usually legal. Say clearly and calmly, "I do not consent to any searches." Do not physically resist; an officer may still search if there is probable cause or another legal basis, and that can be challenged in court later. Under Texas law, the State must prove by clear and convincing evidence that any consent was voluntary. State v. Ibarra, 953 S.W.2d 242 (Tex. Crim. App. 1997).
Silence has to be spoken
The U.S. Supreme Court has made clear that simply staying quiet may not be enough. In Salinas v. Texas, 570 U.S. 178 (2013), a man's silence during voluntary questioning was used against him because he never said he was invoking his rights. In Berghuis v. Thompkins, 560 U.S. 370 (2010), the Court required the right to be invoked unambiguously. Asking for a lawyer must also be clear; "maybe I should talk to a lawyer" is not enough.
Say this: "I am going to remain silent. I want a lawyer." Then stop answering questions, and do not discuss your case with anyone but your lawyer, including on jail phones.
After an arrest
- You must be brought before a magistrate within 48 hours, who must tell you about your right to a lawyer and your right to remain silent (Code of Criminal Procedure art. 15.17).
- If you cannot afford a lawyer, you can ask the magistrate for one to be appointed.
- Texas tightened its bail laws in 2021 and 2025, and voters approved a constitutional amendment in November 2025 that requires judges to deny bail for certain violent and sexual felonies if, after a hearing, the State proves that no bail would reasonably ensure the person appears or that the community and victim are safe. For many charges, a lawyer at the bail stage makes a real difference.
If something went wrong
Write down what happened as soon as you can, including officer names, badge and car numbers, and witnesses. An unlawful stop, search or arrest can be challenged in your criminal case, and it may support a civil rights lawsuit. Learn about Innocent Defense
Sources: Tex. Penal Code 38.02; Tex. Transp. Code 521.025; Tex. Code Crim. Proc. art. 15.17; Terry v. Ohio, 392 U.S. 1 (1968); Rodriguez v. United States, 575 U.S. 348 (2015); State v. Ibarra, 953 S.W.2d 242 (Tex. Crim. App. 1997); Salinas v. Texas, 570 U.S. 178 (2013); Berghuis v. Thompkins, 560 U.S. 370 (2010); Davis v. United States, 512 U.S. 452 (1994); Tex. Const. art. I, sec. 11d. Reviewed November 2026. This guide is general information, not legal advice for your situation.