FREQUENTLY ASKED QUESTIONS
According to the U.S. Department of Justice, there are over 725,000 juvenile arrests each year.
Of these arrests, over 70% of the youth are male and around 70% are age 15 or older. White youth account for over 60% of overall arrests, while minority youth account for over 50% of arrests for violent crimes, such as murder and robbery.
Under the Nevada law, you are allowed to record police actions in a public space as long as you disclose that you are recording and you do not interfere with what the police are doing.
If you think someone has been arrested in Nevada, contact the city or county where they were arrested. In the Las Vegas area, call the Clark County Detention Center or search their website to get information on people in custody.
If an officer believes that someone they have detained (or are about to lawfully detain) might have a dangerous weapon, then the officer may search the person solely for the purpose of looking for a weapon. Otherwise, unless you consent to the search, officers usually cannot search you or your property without a warrant.
Under Nevada law, the police may only detain a person suspected of criminal behavior or of violating conditions of probation or parole for purposes of identifying the person and investigating the suspicious circumstances. The detained person is not required to answer any other questions besides ones about their identity.
However, unless the officer arrests the person for probable cause, then the detention cannot last longer than 60 minutes and it can’t extend to a location other than the original place of detainment.
Unlawful detention is when a law enforcement officer holds you for an unreasonable amount of time without a legal reason. Detention is different from arrest. With detention, an officer can hold you for a “brief and cursory” period to ask you questions before either arresting you or letting you go free.
As of 2020, there is an average of over 130 arrest-related deaths (ARDs) each month across the United States. This includes people who die during any interactions with law enforcement, during the process of arrest or while in police custody.
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.
Whether it is before or after you are arrested, we advise that you never agree to speak with a police officer before consulting with and hiring an experienced attorney. In general, people do not always realize that they are not required to provide a statement (or confession) to law enforcement. You always have the right to remain silent, because anything you say can and will be used against you in court. You also have the right to a lawyer. It is critical that you clearly state to a police officer immediately when you are detained, that you will not agree to provide a statement, and that you want a lawyer. You should inform the officer of this as early on in the process as possible. Police officers, and then prosecutors, will use anything you say against you in court, which can adversely affect your case.