Both driver and passengers have the right to remain silent, per the ACLU’s official guidance, last updated June 8, 2026.

Don’t Narrate Your Way Into a Confession
Volunteering explanations, apologies, or half-true stories doesn’t help, and none of it is required.
Don’t Argue the Legality of the Stop at the Roadside
“The burden of de-escalation does not fall on private citizens — it falls on police officers” — but the roadside isn’t the venue to litigate that.
Don’t Consent to a Search You Don’t Have to Allow
Staying silent can be read as consent; state clearly that you do not consent to a search.
Don’t Wait Until You’re in Trouble to Say You Want a Lawyer
If a stop escalates, say you wish to remain silent and want a lawyer — then stop talking. This is general legal-rights information, not advice for any specific situation.

