Can You Be Arrested for Not Cooperating with Police in PA?

If you’re approached by police in Pennsylvania, do you have to answer their questions? What if you don’t want to show ID or help them investigate a crime? Can you be arrested just for not cooperating? These are common questions—and they’re important ones. While police do have authority, you also have constitutional rights. In many situations, refusing to speak or help is not a crime. But in others, it can be.

Mark D. Hauser

7/28/20252 min read

photo of white staircase
photo of white staircase

Here’s what Pennsylvania law says about cooperating with law enforcement—and when refusal could lead to arrest.

Do You Have to Answer Questions from the Police?

No. You are not legally required to answer questions from the police unless:

  • You are being lawfully detained or arrested, and

  • The officer asks for basic identifying information (like name and address)

Otherwise, under the Fifth Amendment, you have the right to remain silent.

✅ You can politely decline to answer questions.
✅ You can ask if you are free to leave.
✅ You can request a lawyer if you are being questioned in custody.

Never lie, but you do not have to explain yourself, tell your story, or provide evidence without legal representation.

When Can You Be Required to Show ID in Pennsylvania?

Pennsylvania does not have a general “stop and identify” law. This means:

  • If you’re walking down the street and not suspected of a crime, you generally don’t have to show ID.

  • If you’re driving, you are legally required to provide your driver’s license, registration, and proof of insurance during a traffic stop.

  • If police have reasonable suspicion of a crime, they may detain you briefly and request ID, but even then, you can remain silent aside from identifying yourself.

If you refuse to provide ID in a traffic stop or lie about your identity, you can be charged with failure to comply or providing false information.

Can You Be Arrested Just for Not Cooperating?

No—unless your lack of cooperation crosses into obstruction of justice or resisting arrest.

Examples where you might be arrested include:

  • Physically interfering with an investigation

  • Warning a suspect about police presence

  • Refusing a lawful order during an arrest or traffic stop

  • Providing false information or fake documents

  • Encouraging others not to comply in a public safety situation

In these cases, prosecutors may charge you with:

  • Obstructing administration of law (18 Pa. C.S. § 5101)

  • Hindering apprehension or prosecution (18 Pa. C.S. § 5105)

  • Resisting arrest or detention

  • Disorderly conduct

What About Filming the Police?

You have the right to record police officers in public places, as long as:

  • You are not interfering with their duties

  • You do not physically obstruct their actions

  • You do not threaten or provoke them

Police may not like being filmed, but doing so is not a crime if you follow these rules.

What If You’re Charged for Not Cooperating?

It happens more often than people think. Charges like disorderly conduct, obstruction, or failure to obey a lawful order are sometimes used to punish people who didn’t comply with police commands—even when those commands weren’t lawful.

A criminal defense attorney can fight these charges by showing:

✅ You were exercising your constitutional rights
✅ The officer lacked reasonable suspicion or probable cause
✅ You were not physically interfering
✅ The charge was retaliatory or exaggerated

Your silence or caution does not make you guilty.

Tips If You Don’t Want to Cooperate

  • Stay calm and polite

  • Ask: “Am I being detained or am I free to go?”

  • Never lie or provide fake documents

  • Don’t physically resist

  • Ask for a lawyer if arrested or questioned in custody

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve been charged with obstruction, disorderly conduct, or any other offense related to a police encounter in Pennsylvania, it’s critical to speak with an experienced defense attorney immediately. Mark D. Hauser has over 30 years of experience defending individuals in Philadelphia who’ve been wrongfully accused after exercising their rights.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.