Your rights if police stop, search or detain you

Key rules

• Lawyer: You can ask for a lawyer before any questioning, and the duty lawyer at the police station is free.
• Interpreter: If you do not understand Spanish well, you can ask for an interpreter.
• Consulate: As a foreigner, you can ask police to tell your consulate you are detained.
• Written reasons: Police must tell you the reasons for your detention in simple language and in writing.

The short version

If police detain you in Spain, you keep your rights. You can have a lawyer, an interpreter, be told why you are held, and have your consulate told. Police can hold you only for the time strictly necessary, and never more than 72 hours before they must release you or bring you before a judge.

The checklist and timeline below turn these rights into steps. This page explains what they mean in practice.

If police search you

Police can search your clothing and belongings only when they need to find items linked to an investigation or to prevent a crime. The search must be proportionate to that aim.

A search that requires you to undress must:

• happen in a private place;
• be carried out by a person of the same sex;
• respect your dignity and use the least intrusive means;
• be recorded.

If a search does not follow these limits, say calmly that you object. Raise it with your lawyer later.

If police detain you

Police must tell you straight away, in simple language and in writing, why you are detained. They must also tell you your rights:

• to stay silent and not to incriminate yourself;
• to a lawyer, before any questioning and at any identification;
• to see the parts of the case file you need to challenge your detention;
• to have a relative or another person you choose told;
• to an interpreter if you do not understand Spanish well;
• to a medical examination;
• to know the maximum detention time and about habeas corpus, a quick court check that your detention is lawful.

Use these rights. Staying silent until your lawyer has advised you is allowed and is not treated as an admission.

Your lawyer

Ask for a lawyer. If you do not name one, police must call the Bar Association's duty service (turno de oficio). The lawyer must attend, normally within 3 hours.

The lawyer at the police station is free for you at that stage. Later costs depend on whether you qualify for free legal aid (justicia gratuita), which is based on income. If you do not qualify, you may have to pay the lawyer's fees. Foreigners in expulsion or detention proceedings get free legal aid whatever their income.

Your consulate

As a foreigner, you can have your country's consulate told that you are detained and where you are held. You can also communicate with consular staff. Ask police to do this early, and ask for it to be noted.

How long you can be held

Police can hold you only for the time strictly necessary, and never more than 72 hours before you must be released or brought before a judge. The longer period is meant for terrorism-related or similar cases. Even then, a judge must authorise the time after the first 48 hours.

Everyday questions

For questions on answering police, home entry, phones and fines, see the quick answers below.

Timeline and deadlines

• Police tell you the reasons for your detention and your rights, in simple language and in writing, including a lawyer, an interpreter and consular notification: immediately when you are detained

• Your lawyer from the Bar Association's duty service (turno de oficio) arrives at the police station if you did not choose one: normally within 3 hours of your request

• Police must release you or bring you before a judge: as soon as the investigation needs no more time, and never after 72 hours

Checklist

• Ask to be told the reasons for your detention, in simple language and in writing.

• Ask for a lawyer before any questioning; if you do not choose one, police must call the duty lawyer, who is free at the police station.

• Ask police to notify your consulate that you are detained.

• Ask police to notify a relative or another person you choose.

• Use your right to stay silent and not to incriminate yourself until your lawyer has advised you.

• Ask for a medical examination if you need one.

• Ask your lawyer about habeas corpus, a quick court check that your detention is lawful.

• Keep track of the time: you must be released or brought before a judge within 72 hours.

• If you face expulsion or detention proceedings as a foreigner, ask the lawyer about free legal aid, which applies whatever your income.

Quick answers about police powers and everyday fines

Do I have to answer police questions at a stop?

No, at a stop you only have to identify yourself, and you do not have to answer other questions. Staying silent about them cannot be punished. If you are detained or treated as a suspect, you also have the right to stay silent and not to confess guilt.

Can police enter my home without a warrant?

Only in a few cases: police can enter without a warrant if you freely consent, if a crime is being committed or has just been committed, or in an emergency such as a fire or rescue. Suspicion alone is not enough. This also covers hotel rooms. If you are under arrest, your consent is not valid without a lawyer present. A search with a warrant must take place with you and a court clerk present.

Can police make me unlock my phone or search it?

Police can take your phone as evidence, but they generally need a judge's order to look at what is inside it. In urgent cases involving a serious crime they may act first and must tell the judge straight away. You have no duty to give your password or unlock the phone. Border checks may follow different rules.

Do I have to pay a police fine on the spot?

Usually no, because agents normally issue a formal report (denuncia) and the fine is set later. Traffic offences work similarly, with a ticket (boletín de denuncia) and a 50% reduction if a resident pays within 20 days. If you drive without a Spanish address, you must pay or guarantee payment immediately, or your vehicle may be immobilised.