FREQUENTLY ASKED QUESTIONS
In Nevada, the failure of the police officers to read you your Miranda rights is not grounds for dismissal of charges against you. However, your lawyer can ask a judge to exclude evidence that was improperly obtained. This is a highly technical area of the law, and your lawyer can answer questions about this. As we stated above, your best option in almost any encounter with police officers is to not answer their questions and to not discuss your case with anyone, until you first speak to your lawyer.
For Nevada, in rare circumstances, the police will let a passenger take your vehicle. However, in most cases, police officers will search your car, tow it to a storage yard, and impound it.
Please note that during a legitimate traffic stop and arrest situation, police officers are legally allowed to search you and your vehicle, whether or not you agree to it. When you are released from custody, you must immediately contact the storage yard to get your vehicle back. You will incur storage fees, so the longer you wait, the higher the fees. Never let your vehicle sit at the storage yard unless the police have placed a hold on the release of the vehicle
While verbally refusing to consent to any search, you must cooperate with and be polite to the officer(s) involved. This means: do not argue with police, do not resist the arrest, and do not struggle with the police officers in any way. Remember, the entire stop is likely to be audio and video recorded.
DO NOT answer questions of any police officers. DO NOT have a pleasant conversation with the police at any time. Rather, advise the police officers that your lawyer has advised you to never speak to police officers without your lawyer being present. In fact, it is not a good idea to speak to anyone about your case in person or by telephone (including, but not limited to, police, friends, family, co-workers, fellow inmates, or jail staff). The only person you should speak with about your case is your lawyer. Contact our office immediately at (702) 905-1690 to schedule a free consultation. We will come to see you at the jail.
Refuse to consent to any searches of your person. Do not open your jacket to reveal what’s underneath. Don’t expose your pockets or anything inside of a purse either. Again, doing these things imply to the officer that you consent to be searched.
In Nevada, police officers can do what is called a pat-down search (frisk) to make sure you are not carrying any concealed weapons. The law allows for this for the safety of the police officers involved. The officer must have reasonable, articulable suspicion in order to justify a pat-down search.
Refuse to consent to any search of your vehicle. Officers use this tactic to get you to consent to a search. Regardless, at this point, you will not be “better off” allowing the officer to search your car.
You should never consent to letting anyone search your vehicle. Never volunteer to give a police officer the keys to your car. Never unlock car doors or open doors, the glove box or trunk of your car for a police officer. If you do, your actions will most likely be interpreted to mean that you consented to the search of your vehicle. A police officer will request your permission to search your vehicle in order to look for weapons, drugs, evidence of DUI, or any other criminal activity. If the officer finds any of the above, the officer will arrest you and you will end up in jail. Advise the officer (as politely as possible) that your lawyer advised you to never consent to the search of your vehicle.
Generally, there are two types of tests the officer may ask you to take. Usually, the officer will start by asking you to take a series of field sobriety tests. Field sobriety tests (FST’s) usually consist of the following tests: (1) walk and turn; (2) one leg stand; and (3) horizontal gaze nystagmus. In Nevada, there is no legal consequence for refusing to take the FSTs, and since these tests are used primarily to gather evidence against you, refusing (politely, of course) to take FSTs is the right decision in most cases.
If you decline to take the FSTs, you should ask the officer if you’re free to leave, or if you’re under arrest. If you’re under arrest, immediately tell the officer you want to speak to your lawyer.
In Nevada, a police officer has the right to order you (and any passengers) out of the vehicle. If you refuse to comply, the officer will likely arrest you. Comply with the officer’s order.