Being stopped by police is a stressful experience that can go bad quickly. Below, you will find materials to better Know Your Rights and request a training from the ACLU of Nevada. This guide does not substitute for individualized legal advice, but we hope it helps you and your loved ones prepare for any eventuality.

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KNOW YOUR RIGHTS

If You Are Stopped for Questioning

  • Stay calm. The goal is to protect your rights while staying safe. Running from or fighting with a police officer is dangerous and can result in criminal charges.
  • Be aware of your body. Don’t give the police an excuse to harm you.
  • Ask if you are free to leave. If the officer says yes, walk away. If the officer says no, ask why.
  • You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, including Nevada, you must give your name if asked to identify yourself. 
  • If you are under arrest, you can ask to speak to a lawyer. This should stop any questioning immediately and is even stronger than the right to remain silent. Once you ask for a lawyer, you should not say anything else to the officer besides personal identifying information.
  • Be clear when you do not give consent. If an officer gives an order, even if it is illegal, you may get in trouble for not following it. You can (and should) say that you are not consenting to the order.
  • You do not have to consent to a search of yourself or your belongings. Sometimes the law allows the police to search people without their consent. If you are not sure if the officer has a legal basis to search you, you should say to the officer in a clear, firm voice that you do not consent to the search.
  • Don’t lie; assert your right to remain silent, ask for a lawyer, and stop talking. Lying to an officer can result in criminal charges.
  • Regardless of your immigration or citizenship status, you have constitutional rights.

If You Are Stopped in Your Car

  • Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
  • Upon request, show police your driver’s license, registration, and proof of insurance.
  • If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search.
  • Both drivers and passengers have the right to remain silent. Avoid making sudden movements and keep your hands where the officer can see them. If you’re in the passenger seat, put your hands on the dashboard to reduce risk.

If Police Are at Your Door

  • You do not have to let them in unless they can show you a warrant signed by a judicial officer that lists your address as the place to be searched or that has your name on it as the subject of the arrest warrant.
  • Ask the officer to slip the warrant under the door or hold it up to the window so you can read it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant has the name of the person to be arrested.
  • Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.

If You Are Arrested

  • Do not resist arrest, even if you believe the arrest is unfair. Follow the officers’ commands. You should, however, state clearly and firmly that you do not consent to being detained.
  • Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. If you can’t pay for a lawyer, you have the right to a free one. Don’t say anything, sign anything or make any decisions without a lawyer.
  • Once you ask for a lawyer, stop talking. You will still need to provide personally identifying information upon request, but you should not share any other information.
  •  You have the right to make a local phone call. The police cannot listen if you call a lawyer. Other calls at a jail are probably recorded.
  • Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

If You Feel Your Rights Have Been Violated

  • Remember: police misconduct cannot be safely challenged on the street. If you think you will want to sue later, don’t fight the officer or otherwise threaten them. The goals are to preserve your rights and stay safe.
  • Write down everything you remember as soon as you can, including officers’ badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
  • If you are injured, take photographs of your injuries as soon as possible (but seek medical attention first).
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

Best Practices

  • Stay Calm
  • Do not lie or give false documents.
  • Keep your hands where the officer can see them at all times
    • If you are in the passenger seat of a car, keep your hands on the dashboard.