My name is Michael I. Gowdey, and as a Las Vegas criminal defense attorney with decades of experience, I’ve seen how quickly a routine police stop can go wrong — and how important it is to know your rights. Every day, people in Nevada are pulled over or stopped by law enforcement and make critical mistakes simply because they don’t know what the law allows or requires.
In this guide, you’ll learn what your rights are when you’re stopped by police in Las Vegas, how to assert them calmly, and what to do if things escalate. Whether you’re stopped while driving, walking, or just happen to be in the wrong place at the wrong time, this information could protect your freedom.
A police stop, legally referred to as a “Terry Stop” (from Terry v. Ohio), happens when an officer briefly detains you because they suspect you may be involved in criminal activity. It doesn’t require probable cause for arrest, but it must be based on “reasonable suspicion.”
In Las Vegas, police stops can occur:
- During traffic stops
- On foot in public areas
- After a 911 call or report
- Near crime scenes or during sweeps
If you’re not under arrest but you feel you aren’t free to leave, you’re likely being detained. It’s crucial to remain calm and assert your rights within the law.
Your Constitutional Rights During a Police Stop in Las Vegas
1. You Have the Right to Remain Silent
This right comes from the Fifth Amendment. You do not have to answer police questions beyond basic identifying information such as your name and driver’s license.
Pro tip: If questioned, calmly say, “I am exercising my right to remain silent.”
Never lie to an officer — that’s a crime. Staying silent is not.
2. You Have the Right to Refuse Consent to a Search
Police need one of the following to search your car, bag, or person:
- A valid warrant
- Probable cause
- Your consent
**If they ask, “Can I search your vehicle?” you can and should say, “I do not consent to any searches.”
This won’t stop them if they believe they have legal grounds, but it protects your legal defense if anything is found.
3. You Have the Right to Ask Why You Are Being Detained
Always ask: “Am I being detained, or am I free to go?”
If you are free to go, leave calmly and without incident. If detained, you have the right to know why.
4. You Have the Right to Legal Counsel
If you are arrested, you do not need to answer any questions without a lawyer present.
Say: “I am invoking my right to an attorney, and I do not consent to any questioning.”
Specific Situations and How to Respond
Traffic Stops in Las Vegas
- Roll down your window and keep hands visible.
- Provide license, registration, and insurance.
- Avoid sudden movements.
- You are not required to answer questions about where you’re going or what you were doing.
Be polite. Being rude or confrontational won’t help your case.
Stops on Foot (Pedestrian Stops)
If stopped while walking, ask calmly:
- “Am I being detained?”
- “Why am I being stopped?”
You are not required to identify yourself unless the officer is investigating a crime.
What If You’re Searched Anyway?
If police search you or your property despite your refusal:
- Do not resist physically.
- State clearly, “I do not consent to this search.”
- Record or remember details: badge number, location, time.
- Contact a criminal defense lawyer immediately.
What Happens If You’re Arrested?
- Remain silent.
- Ask for your attorney.
- Don’t talk to officers or other detainees about your case.
- Don’t sign anything without legal counsel.
Anything you say can be used against you.
At The Law Offices of Michael I. Gowdey, we handle:
- Drug offenses
- DUI charges
- Assault and battery
- Domestic violence
- Probation violations
- Felony and misdemeanor charges
We know how to challenge illegal stops, unlawful searches, and violations of your rights.
What to Do If Your Rights Were Violated
If you believe police acted unlawfully:
- Write down everything while it’s fresh.
- Get contact info of witnesses.
- File a complaint with the police department.
- Contact a criminal defense attorney right away.
Your legal team can help suppress evidence or even get the charges dropped if your rights were violated.
Nevada-Specific Police Stop Laws
In Nevada:
- You must show ID when asked by police investigating a crime (NRS 171.123).
- Police may detain you for up to 60 minutes without arrest.
- Officers are required to identify themselves and explain the reason for detention.
- Recording police is legal as long as you do not interfere.
Protecting Yourself and Your Future
Police encounters can be intimidating, even when you’ve done nothing wrong. Knowing your rights isn’t about being anti-police—it’s about being prepared, protected, and in control.
Remember:
- Stay calm.
- Don’t argue or resist.
- Assert your rights clearly.
- Call a lawyer as soon as possible.
I’m Attorney Michael Gowdey. If you’ve been arrested or believe your rights were violated during a police stop in Las Vegas, call my office. We fight to protect your freedom, your record, and your future.
Call now for a free consultation