“Reasonable Suspicion” in Nevada – What does it mean?

Both Nevada law and federal law require that police have reasonable suspicion before they can stop and detain you on suspicion of a crime. This is sometimes called a “Terry Stop” or a “stop and frisk pat down.”

A reasonable suspicion is a sensible and rational impression that you committed a crime. This impression gives law enforcement the Fourth Amendment right to detain you to gather more information.

Reasonable Suspicion

NRS 171.123 enumerates the three scenarios when Nevada police may stop and detain you based on reasonable suspicion:

1. Circumstances reasonably indicate that you committed – or are about to commit – a crime;
2. Circumstances reasonably indicate that you violated your parole or probation; or
3. Police wish to ascertain your identity and the suspicious circumstances surrounding your presence. However, you are not obligated to tell the officer anything but your name.¹

Detainments

A detainment in Nevada based on reasonable suspicion of criminal activity may not last longer than necessary and never longer than 60 minutes. It also cannot extend beyond the location where the detention occurred (unless the police then arrest you).²

The Nevada Supreme Court specified three times when prolonging a traffic stop may be reasonable:

1. The encounter is consensual; or
2. The circumstances surrounding the stop make the delay reasonable; or
3. The initial stop provides additional evidence of criminal conduct, thereby justifying a further delay.³

When determining whether a delayed stop is reasonable, the Nevada Supreme Court uses “an objective eye in the totality of the circumstances.”⁴

Examples

Five fact patterns that may justify Nevada police stopping and detaining someone on a “reasonable suspicion” include:

1. A scantily dressed woman is standing by a truck stop men’s room and talking to the men as they enter. An officer would have reasonable suspicion she is soliciting prostitution.
2. A person with a gun and full pockets is standing on a corner known for drug deals. An officer would have a reasonable suspicion he may be selling drugs.
3. A masked man is walking by an empty house with a crowbar. An officer would have a reasonable suspicion he may be about to commit burglary.
4. A driver repeatedly swerves between lanes. An officer would have reasonable suspicion that the driver may be under the influence of alcohol or drugs.
5. A woman is wearing an expensive watch that has been reported stolen. An officer would have a reasonable suspicion that she may have stolen the watch.

Probable Cause

Nevada police can stop and detain you based on reasonable suspicion. Though in order to arrest you, the police need probable cause. In general, probable cause requires some kind of evidence that is more tangible or citable than mere suspicion.⁵

For example, swerving may be sufficient reasonable suspicion to justify a DUI traffic stop. However, to arrest you for operating a motor vehicle under the influence of alcohol or controlled substances, the police try to gather evidence such as:

• A confession that you were drinking or using drugs;
• Slurred speech, glassy eyes, the smell of alcohol or marijuana, a stumbling demeanor, or other impairments;
• Being unable to follow simple requests such as producing your driver’s license or registration;
• A roadside breath test result that shows an illegal blood/breath alcohol content of 0.08% or higher; and/or
• Failed field sobriety tests (such as the walk-and-turn and one-legged stand).

Learn more about probable cause in Nevada DUI cases.

Wrongful Detentions or Arrests

Police who committed a wrongful detention or false arrest are subject to various legal and disciplinary procedures in Nevada:

• You can file a police report;
• You can sue the offending peace officers; and/or
• The police department can discipline the arresting officer.

If the police’s misconduct resulted in you getting arrested and charged, you can use that misconduct as a defense to your criminal charges.

See our related article, How to file a complaint against a police officer in Nevada.

Frequently Asked Questions

Do I have to show my ID or answer police questions if I am stopped?

If you are detained as a pedestrian, Nevada’s “stop and identify” law only requires you to state your name. You are not obligated to carry or produce physical identification, nor do you have to answer any investigating questions.

However, if you are driving a vehicle, the rules change. Under Nevada traffic laws, you are legally required to physically hand over your driver’s license, vehicle registration, and proof of insurance upon request.

Beyond providing your mandatory identity and driving documents, you are never required to answer police questions. You should always politely but firmly assert your Fifth Amendment right to remain silent.

Can the police search me or my car during a reasonable suspicion stop?

A temporary detention based on reasonable suspicion does not automatically give the police the right to search you, your home, or your vehicle. Unless the officer has a valid search warrant or establishes “probable cause” that a crime has been committed, you have the right to refuse a search.

I always advise that you never consent to a search. If the police search you anyway, do not physically resist, but make it verbally clear that you do not consent.

See our related article, Can police in Nevada search your car without consent?

Can an officer pull me over based on a “gut feeling”?

No. By law, reasonable suspicion cannot be based on a mere hunch, a gut feeling, or an obscure assumption. The U.S. Supreme Court has established that an officer must have specific, articulable facts that criminal activity is afoot.

This means that if the case goes to court, the officer must be able to explicitly explain the exact behaviors and circumstances they observed that justified the stop. If they cannot articulate those specific facts, the stop is unlawful.

What specific driving behaviors give police reasonable suspicion for a DUI stop?

While swerving between lanes is the most well-known indicator of drunk driving, police are specially trained to look for a much broader list of traffic behaviors to establish reasonable suspicion. In Nevada, officers will routinely pull drivers over for:

1. Inconsistent speeds (speeding up and slowing down erratically),
2. Driving significantly below the speed limit,
3. Delayed or slow reactions to changing traffic lights or road conditions, and/or
4. Hugging the center line or drifting within a single lane.

What happens to my case if the police stopped me without reasonable suspicion?

If the police lacked reasonable suspicion to detain or pull you over in the first place, any subsequent investigation is legally tainted. When this happens, I can file a motion to suppress evidence with the court.

If the judge agrees that the initial stop was unconstitutional, any evidence the police gathered after that illegal stop (such as a breathalyzer result, drugs found in the car, or a confession) will be suppressed—meaning it is thrown out and cannot be used against you.

Very often, a successful motion to suppress destroys the prosecution’s entire case, leading to your charges being reduced or dismissed entirely.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Reasonable Suspicion and Mere Hunches – Vanderbilt Law Review.
• Reasonable Suspicion: Not Just Based on Training and Professional Experience – North Dakota Law Reviews.
• Reasonable Suspicion Becoming Probable Cause – North Dakota Law Review.
• Race and Reasonable Suspicion – Florida Law Review.
• The High-Crime Area Question: Requiring Verifiable and Quantifiable Evidence for Fourth Amendment Reasonable Suspicion Analysis – American University Law Review.

See our related articles on unreasonable searches and seizures, DUI checkpoints, blood alcohol tests (necessary for drug testing in DUI cases), and when police can pull you over in Nevada.

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Legal References