What Are Your Rights When Dealing with the Police?

Police interactions are often stressful and come with the possibility of a citation or arrest. It’s essential to treat every police encounter with extreme caution. The police and prosecutors can use anything you say or do against you. The best way to avoid unnecessary escalations, charges, or arrests is to know your rights when dealing with the police.

If you’ve been questioned or detained, contact the criminal defense lawyers of Adras & Altig, Attorneys at Law to learn more. 

General Rules to Consider When Talking to the Police

When a police officer confronts you, your goal should be to keep the interaction as brief and uneventful as possible. The more information you give the officer, the more they’ll have to use against you. Here are some general rules to bear in mind any time you talk to the police:

• Be wary of providing consent — Unless the police have reason to believe you have committed a specific crime, you do not have to give them information or allow them to search you. But if you consent to a conversation or search, the police can legally use any information they gather against you.
• Understand Nevada’s stop-and-identify laws — If a police officer stops you in public, Nevada law says you must identify yourself by name. Importantly, you do not have to provide proof of ID unless the police stop you while you are driving.
• Know when to expect a Miranda warning — In movies and TV shows, the police always inform people of their Constitutional rights by issuing a Miranda warning. In reality, this warning is only necessary when the police interrogate you while you are detained in police custody. But remember, you still have the rights listed in the warning regardless of whether the police informed you of them.
• Exercise your right to remain silent — Whether or not you think the police may suspect you of a crime, remaining silent is always a smart move. If the police stop you, identify yourself as necessary, but do not answer other questions. You have no legal obligation to do so — and your answers can only hurt you. 
• Stay calm, be truthful, and don’t resist — Remain calm and respectful throughout any police encounter. Never try to run from or obstruct any officer. Do not lie, misrepresent yourself, or resist arrest, even if the police have no grounds for the arrest. Follow police orders and keep yourself safe.

What Are Your Rights When You’re Stopped or Pulled Over by the Police?

If the police stop you in public, remember that you have rights under the U.S. Constitution:

• Once you identify yourself, you have the right to remain silent. You do not have to answer questions about what you are doing or where you are going. 
• You have the right not to consent to a search of you or your property.
• If the police arrest you, you have the right to representation by an attorney.

If you get pulled over while driving in Nevada, your legal rights are slightly different:

• Upon request, you must show the police your driver’s license, vehicle registration, and proof of valid insurance.
• If the police believe you have committed a traffic offense, they have the right to arrest you. If they reasonably suspect someone in the car has a weapon, they can also conduct a brief search of you and your passengers.
• Unless the police have a search warrant or reasonable belief there is evidence of a crime, you can withhold consent for the search of your car.

What Are Your Rights When the Police Show Up at Your Door?

Here’s what to know about your rights if a police officer comes to your home in Nevada:

• You have no legal obligation to let the police enter your home or answer their questions unless they have a warrant or a justifiable emergency. 
• If the police are not there to arrest you, you have the right to ask them to come back later. Even a brief delay can give you more time to learn about your rights and speak with a defense lawyer.
• If you allow a police officer to enter your home, remember that the officer can seize evidence of potential criminal activity if it is in “plain view” and use that evidence against you even without a warrant.

What Should You Do If You Think Your Rights Were Violated?

Police are supposed to protect and serve their communities. But far too often, officers abuse their positions of trust by violating the rights guaranteed in the U.S. Constitution. If you suspect a Nevada police officer violated your rights, you should:

• Write down everything you remember about the encounter, including officer names, badge and patrol car numbers, and anything else that stood out.
• Collect statements and contact details from witnesses who saw the encounter.
• If you were hurt, seek medical care to have your injuries treated.
• File a complaint with the department’s office of internal affairs or complaint board.
• Contact a criminal defense attorney immediately.

What Should You Do If You Witness Police Brutality?

If you see a police officer violating someone’s human rights, such as by using excessive use of force or racial abuse, you should:

• Record the incident from a safe distance using your cell phone. If an event is plainly visible in a public space, you have the right to watch and record it. 
• Never try to hide the fact that you are recording someone else. 
• Know that the police cannot take your phone or search through your data without a warrant or your consent. 
• Know that the police might arrest you for refusing to stop recording them, even though the arrest would not be lawful. 
• Whether or not you get a video recording, write down everything you remember about the incident as soon as possible afterward.

Contact Adras & Altig, Attorneys at Law If You Are Being Criminally Charged

If you are facing criminal accusations or charges in Nevada, contact Adras & Altig, Attorneys at Law right away. Our knowledgeable criminal defense attorneys are standing by to answer your questions, protect your rights, and begin work on your case immediately. Don’t hesitate to reach out for your free initial consultation session.