The police stop hundreds of thousands of law abiding Nevadans every year, and the vast majority are unaware of their constitutional rights when encountering law enforcement.
Even if the police have grounds to stop you, everyone has legal rights when being questioned, arrested, or searched by law enforcement officers. It’s important to know what those rights are and to feel empowered to assert them when needed.
Do you have to answer questions asked by law enforcement officers? No. Everyone has the constitutional right to remain silent. This is true if you are being detained by an officer, if you are arrested, or if you are in jail. Before answering any questions, it’s a good idea to talk to an attorney first because anything you say to the police can be used against you and others. Once you say that you want to talk to one, you must be given that opportunity and officers should stop asking you questions. These same rights also apply to non-citizens (with some exceptions at ports of entry, such as airports and borders).
Are there any exceptions to the right to remain silent? Yes, there are two. Firstly, Nevada law requires you to give your name should an officer ask you to identify yourself. Secondly, if you are pulled over for a traffic violation, an officer can require you to show your license, vehicle registration and proof of insurance. You still do not have to answer questions. Other than these exceptions, everyone has the constitutional right to remain silent.
Sometimes a cop will say or ask you things to get you to speak without an attorney. Some examples are:
“You’re not a suspect–just help us understand what happened and then you can go.”
“If you don’t answer my questions, I’ll have to arrest you. Do you want to go to jail?”
“If you don’t answer my questions, I’m going to charge you with resisting arrest.”
“All of your friends have cooperated and we let them go home. You’re the only one left.”
If an officer tries to trick you into talking, know that your right to remain silent still stands.
What if law enforcement officers stop you on the street? You still do not have to answer any questions. You are legally allowed to respond by saying, “I do not want to talk to you” and then calmly walk away. You can also ask if you are free to go. If the answer is yes, you can walk away. Do not run from a police officer. If the officer says you are not under arrest but you are not free to go, then you are being detained. Being detained is not the same as being arrested, but it could result in one.
The police can pat down the outside of your clothing only if they have “reasonable suspicion” (an objective reason to suspect) that you might be armed and dangerous. If they search any more than this, say clearly, “I do not consent to a search.” If they keep searching anyway, don’t physically resist because it could escalate the situation and get you harmed by the police.
What is ‘reasonable suspicion’ and ‘probable cause’? Reasonable suspicion is the legal standard by which a police officer has the right to briefly detain a suspect and frisk the outside of their clothing for weapons, but not drugs. It doesn’t require hard evidence, but it must be based on more than just a hunch. For example, police can’t use the excuse “he looked like he was up to something.” They must be specific.
Probable cause gives police officers the right to make an arrest, and proof is required for the police to say they have probable cause. It requires facts or evidence that would lead a reasonable person to believe that a person has committed a crime.
What should you do if you are arrested? Police can only arrest you if they have probable cause. If you are arrested, you must be advised of your constitutional rights to remain silent and to speak to an attorney. Even if the officer doesn’t tell you about these rights, you still have them and you should exercise all of them. Whenever the cops ask you anything besides your name, it’s legally safest to say these magic words: “I am going to remain silent. I want to see a lawyer.” This invokes the rights which protect you from interrogation. When you say this, law enforcement are legally required to stop asking you questions. This doesn’t mean they will, though, so just repeat the magic words or remain silent until they catch on.
By law, an officer strip searching you must be the same gender as you. After your arrest and booking, you have the right to a phone call. Officers aren’t allowed to listen to a call you make to your lawyer, but they can listen to calls you make to other people. And you must be taken before a judge as soon as possible—generally within 48 hours of your arrest.
Disclaimer: This article is for informational resources only and is not legal advice. For legal advice, to ask about your rights in specific situations, or if you feel that your rights have been violated and would like to pursue a private action, please contact a private attorney.
