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What Happens If San Diego Police Keep Questioning You After You Ask to Leave?

By San Diego Attorney on November 15, 2025

When the police stop you and begin asking questions, you have the right to ask: “Am I free to leave?” If the officer says “yes,” you are free to walk away. When police keep questioning you after you have asked to leave, they could be overstepping serious constitutional boundaries. This can turn the interaction into a coercive situation.

 At jD Law Criminal Defense Attorneys in San Diego, we are committed to upholding your constitutional protections. Below, we explain your rights in these situations, when Miranda rights apply, and when continued questioning may become unlawful police behavior.

Detained vs. Arrested: Why It Matters

The courts generally classify encounters into three categories:

1. Consensual Encounter – You are free to walk away at any time.
2. Detention – You are not free to leave, but you are not under arrest.
3. Arrest – You are taken into custody and may be charged with a crime.

The question, “Am I free to go?” is pivotal. If an officer says “yes,” and you stay voluntarily, you are in a consensual encounter. If you ask, “Am I free to go?” and the officer says no but continues questioning you without placing you under arrest or reading you your rights, then things get legally complicated.

Miranda Rights and Custodial Interrogation

The Fifth Amendment protects against self-incrimination. That is where Miranda rights come in. If you are in custody and subject to interrogation, the police must first advise you of your right to remain silent and to an attorney. If they don’t, any statements you make may be inadmissible in court.

But what does in custody mean in practice? In People v. Aguilera (1996), California courts clarified that custody for Miranda purposes does not necessarily mean you are under arrest. Instead, courts look at whether a reasonable person in your position would have felt they were not free to leave.

Key factors to determine custody:

• Did the police tell you that you were free to go?
• Was the tone of the conversation confrontational or casual?
• Did they physically restrain you or display weapons?
• How long did the encounter last?
• Where did the questioning take place, on the street or in a station?
• Did the officer accuse you of a crime or use coercive police tactics?

If the overall situation makes it feel like leaving is not an option, even if you have not been formally arrested, the court may determine that you were in custodial interrogation, triggering your Miranda protections.

What Happens If You Ask to Leave and They Keep Questioning You?

If you clearly ask to leave and the police ignore that request and continue questioning you, several constitutional issues may arise.

Unlawful Detention (Fourth Amendment)

If you are not under arrest and there is no reasonable suspicion of criminal activity, continuing to detain and question you may qualify as an unlawful detention. In this case, any statements or evidence obtained may be challenged and potentially suppressed.

Violation of Miranda Rights (Fifth Amendment)

If the setting qualifies as custodial and you are questioned without being read your Miranda rights, any answers you give might be considered part of an unlawful police questioning. Your attorney can move to exclude those statements from evidence.

Coercive Police Tactics

Police sometimes blur the line between a voluntary conversation and an interrogation. Signs that the encounter has crossed the line into coercive police tactics include:

• Refusing to answer your question about whether you are free to leave.
• Blocking your path or using body positioning to intimidate.
• Keeping your ID or phone while continuing to question you.
• Repeating questions despite your refusal to answer.
• Using implied threats (e.g., “You’d better start talking or else…”).

If you experience any of these while trying to leave, it is likely your police questioning rights are being violated.

What Should You Do If You Are Being Questioned by Police

If you are questioned after asking to leave, you should:

• Clearly assert your rights. Say: “I do not consent to this encounter. Am I being detained?”
• Remain silent after asserting your rights. You are not legally required to continue answering questions.
• Do not resist physically. Even if the detention is unlawful, resistance may escalate the situation and lead to charges.
• Contact an attorney. A skilled defense attorney can determine whether your rights were violated and whether evidence can be suppressed.

How jD Law Can Help

At jD Law Criminal Defense Attorneys, we have decades of experience scrutinizing the legality of police conduct. Attorney James N. Dicks is a Certified Criminal Law Specialist and former LAPD investigator who understands police procedures.

If you believe your rights were violated during a police encounter in San Diego, whether through unlawful detention, failure to advise you of Miranda rights, or other coercive police tactics, we can:

• Evaluate the details of your case and determine if the encounter was lawful
• File motions to suppress unlawfully obtained evidence
• Represent you in court and fight to protect your constitutional rights

Speak With a Trusted San Diego Criminal Defense Attorney Right Away

Do not leave your future in the hands of the police or prosecutors. Let James N. Dicks defend your rights and protect your future.

Call (760) 630-2000 for a free consultation today.

FAQs

What if I am stopped but not told why?

Officers must have reasonable suspicion to stop you. If they refuse to explain the reason and continue questioning after you ask to leave, your detention may be unlawful.

Can the police lie to me?

Yes. Police can use deceptive tactics during interrogation, but they cannot violate your constitutional rights. Coercion and continued questioning after asserting your rights may cross the legal line.

What if I gave a confession before being read my rights?

If the confession occurred during custodial interrogation without a proper Miranda warning, it may be excluded from evidence.