People frequently wonder what their rights are when they are being detained or questioned by police. For instance, they may wonder whether or not they will get in trouble for refusing to give their name to the police when the information is requested.
The short answer is, yes, you can be arrested in Nevada if you refuse to provide your name while being detained by law enforcement. What many people don’t realize is that there is nothing in the Constitution that protects you from being arrested for refusing to give your name.
As an example, consider a criminal case from Humboldt County where a sheriff’s deputy responded to a report that a man was assaulting a woman. The deputy asked for the suspect’s name nearly a dozen times with the man refusing to answer all the while. Finally, the man was arrested and charged with willfully resisting, delaying or obstructing a public officer under NRS 197.190. That’s because Nevada law says that someone being detained by the police is required to provide their name.
This position is anchored by the stop-and-frisk laws that are common in Nevada and across the U.S. These laws say that detaining or “seizing” a person is legal and Constitutional as long as certain guidelines are followed. Of course, police officers are only human, and it may be that they did not follow procedures to the letter of the law.
This is just one of the reasons for working with a Las Vegas criminal defense attorney like the practitioners at Potter Criminal Defense. With their years of experience and dedication to justice, they are the ideal advocates for people who are facing charges for a broad range of offenses across Nevada.