[Rev. 2/10/2015 4:22:56
PM--2014R2]
CHAPTER 171 - PROCEEDINGS TO COMMITMENT
LOCAL JURISDICTION OF PUBLIC OFFENSES
NRS 171.010 Jurisdiction
of offense committed in State.
NRS 171.015 Jurisdiction
of offense commenced without, but consummated within, this State; consummation
through agent.
NRS 171.020 Act
within this State culminating in crime in this or another state.
NRS 171.025 Death
by dueling.
NRS 171.030 Offense
committed partly in one county and partly in another.
NRS 171.035 Offense
committed on or near boundary.
NRS 171.040 Offense
committed on vessel in state waters, common carrier or private motor vehicle or
aircraft.
NRS 171.045 Offenses
concerning animals ranging in two or more counties.
NRS 171.055 Bigamy
and incest.
NRS 171.060 Burglary,
robbery, larceny or embezzlement: Venue when property is taken in one county
and brought into another.
NRS 171.065 Accessory:
Venue in either county where offense of accessory was committed or where
principal offense committed.
NRS 171.070 Conviction
or acquittal in another state or territory is bar where jurisdiction is
concurrent.
NRS 171.075 Conviction
or acquittal in another county is bar where venue is concurrent.
CALIFORNIA-NEVADA COMPACT FOR JURISDICTION ON INTERSTATE
WATERS
NRS 171.076 Enactment.
NRS 171.077 Text
of Compact.
INTERSTATE COMPACT FOR JURISDICTION ON THE COLORADO RIVER
NRS 171.078 Enactment.
NRS 171.079 Text
of Compact.
TIME OF COMMENCING CRIMINAL ACTIONS
NRS 171.080 No
statute of limitation for murder or terrorism.
NRS 171.083 No
limitation for sexual assault or sex trafficking if written report filed with
law enforcement officer during period of limitation; effect of disability on
period of limitation.
NRS 171.084 Limitation
for kidnapping or attempted murder extended if written report filed with law
enforcement officer during period of limitation.
NRS 171.085 Limitations
for felonies.
NRS 171.090 Limitations
for gross and simple misdemeanors.
NRS 171.095 Limitations
for offenses committed in secret manner, offenses constituting sexual abuse or
sex trafficking of child and offenses regarding personal identifying
information.
NRS 171.100 Indictment
found when it is presented and filed.
WARRANT OR SUMMONS UPON COMPLAINT
NRS 171.102 Complaint
defined; oath or declaration required.
NRS 171.103 Court
clerk may accept complaint filed electronically; procedure; service.
NRS 171.104 Arrest
defined; by whom made.
NRS 171.106 Issuance
of warrant or summons upon complaint or citation.
NRS 171.108 Contents
of warrant of arrest.
NRS 171.112 Contents
of summons.
NRS 171.114 Execution
of warrant and service of summons: By whom.
NRS 171.116 When
magistrate may depute person to act as constable.
NRS 171.118 Execution
of warrant and service of summons: Territorial limits.
NRS 171.122 Manner
in which execution of warrant and service of summons are made; issuance of
citation in lieu of execution of warrant of arrest.
INVESTIGATION OF SUSPECTED CRIMINAL ACTIVITY; DETENTION AND
IDENTIFICATION OF SUSPECTS
NRS 171.1223 Peace
officer with limited jurisdiction must notify primary law enforcement agency of
commission of certain felonies; transfer of investigation to primary law
enforcement agency.
NRS 171.1225 Peace
officer to provide information to suspected victims of domestic violence.
NRS 171.1227 Peace
officer to submit written report concerning suspected acts of domestic
violence; information from reports to be aggregated and forwarded to Central
Repository; content of report.
NRS 171.1228 Investigation
of alleged sexual offense: Alleged victim not required to submit to polygraphic
examination or other similar examination.
NRS 171.1229 Fingerprinting
of persons detained and cited for committing suspected acts of domestic
violence; fingerprints to be forwarded to Central Repository.
NRS 171.123 Temporary
detention by peace officer of person suspected of criminal behavior or of
violating conditions of parole or probation: Limitations.
NRS 171.1231 Arrest
if probable cause appears.
NRS 171.1232 Search
to ascertain presence of dangerous weapon; seizure of weapon or evidence.
NRS 171.1235 Gaming
licensee may detain person suspected of having committed felony in gaming
establishment.
NRS 171.1237 Identification
of suspect by live lineup, photo lineup or show-up: Law enforcement agencies to
adopt policies and procedures governing use.
ARREST: BY WHOM AND HOW MADE
NRS 171.124 Arrest
by peace officer or officer of Drug Enforcement Administration.
NRS 171.1245 Arrest
by agent of Federal Bureau of Investigation or Secret Service.
NRS 171.1255 Arrest
by officer or agent of Bureau of Indian Affairs or police officer employed by
Indian tribe.
NRS 171.1257 Arrest
by postal inspector of United States Postal Inspection Service.
NRS 171.126 Arrest
by private person.
NRS 171.128 Magistrate
may order arrest for committing or attempting to commit offense in magistrate’s
presence.
NRS 171.132 Person
making arrest may summon assistance.
NRS 171.134 Escape
or rescue of arrested person: Pursuit and retaking at any time and place in
State.
NRS 171.136 When
arrest may be made.
NRS 171.137 Arrest
required for suspected battery constituting domestic violence; exceptions.
NRS 171.138 Breaking
open door or window: Making arrest.
NRS 171.142 Breaking
open door or window: Upon detention after making arrest.
NRS 171.144 Breaking
open door or window: Retaking person arrested.
NRS 171.1455 Use
of deadly force to effect arrest: Limitations.
NRS 171.146 Weapon
may be taken from person arrested.
NRS 171.147 Duties
of arresting officer where person arrested appears to be intoxicated or not in
control of the person’s physical functions.
NRS 171.148 Warrant
of arrest by telegram authorized.
NRS 171.152 Return
of warrant after execution by arrest or issuance of citation; return of summons
after service; cancellation by district attorney before execution or service;
reissuance.
NRS 171.153 Right
of person arrested to make telephone calls.
NRS 171.1536 Arrest
of person with communications disability: Interpreter to be made available.
NRS 171.1537 Arrest
of person with disability: Right to communicate by mail or telephone.
NRS 171.1538 Arrest
of person with communications disability: Waiver of right to interpretation or
communication.
INTERSTATE FRESH PURSUIT (UNIFORM ACT)
NRS 171.154 Short
title.
NRS 171.156 Definitions.
NRS 171.158 Arrests
within this State by foreign officers; hearing before magistrate.
NRS 171.162 Duty
of Secretary of State.
NRS 171.164 Severability.
INTRASTATE FRESH PURSUIT (UNIFORM ACT)
NRS 171.166 Short
title.
NRS 171.168 Definitions.
NRS 171.172 When
officer may arrest.
NRS 171.174 Procedure
after arrest.
NRS 171.176 Limitation.
CITATION FOR MISDEMEANOR
NRS 171.177 When
person detained must be taken before magistrate.
NRS 171.1771 Issuance
of citation when person detained by peace officer.
NRS 171.1772 Issuance
of citation after arrest by private person.
NRS 171.1773 Form
and contents of citation: When person detained by peace officer.
NRS 171.1774 Form
and contents of citation: When issued after arrest by private person.
NRS 171.1775 Preparation
of citations: Use of citation book or electronic device; maintenance of records
relating to citation book or electronic device.
NRS 171.17751 Designation
of certain state, county and city officers to prepare, sign and serve
citations.
NRS 171.1776 Issued
citations: Filing with court; disposition of charges by court; unlawful acts;
maintenance of records.
NRS 171.1777 Issued
citations: Audit of records.
NRS 171.1778 Citation
filed with court deemed complaint for purpose of prosecution.
NRS 171.17785 Effect
of violation of written promise to appear; appearance by counsel in lieu of
personal appearance authorized.
NRS 171.1779 NRS 171.177 to 171.1779,
inclusive, not applicable to violations of traffic laws.
PROCEEDINGS BEFORE MAGISTRATE
NRS 171.178 Appearance
before magistrate; release from custody by arresting officer.
NRS 171.182 Proceedings
before another magistrate.
NRS 171.184 Proceedings
upon complaint for offenses triable in another county.
NRS 171.1845 Proceedings
upon discovery of another arrest warrant outstanding in another county.
NRS 171.186 Rights
of defendant before preliminary examination.
NRS 171.188 Procedure
for appointment of attorney for indigent defendant.
NRS 171.192 Certification
of bail; discharge of defendant.
NRS 171.194 Procedure
when arrest for capital offense.
NRS 171.196 Preliminary
examination: Waiver; time for conducting; postponement; introduction of
evidence and cross-examination of witnesses by defendant.
NRS 171.1965 Discovery
by defendant before preliminary examination; material subject to discovery;
effect of failure to permit discovery.
NRS 171.197 Use
of affidavit at preliminary examination: When permitted; notice by district
attorney; circumstances under which district attorney must produce person who
signed affidavit; continuances.
NRS 171.1975 Use
of audiovisual technology to present live testimony at preliminary examination:
When permitted; notice by requesting party; opportunity to object; requirements
for taking and preserving testimony; limitations on subsequent use.
NRS 171.198 Reporting
testimony of witnesses.
NRS 171.202 District
attorney to prosecute at preliminary examination where felony or gross
misdemeanor charged.
NRS 171.204 Exclusion
of persons; exceptions.
NRS 171.206 Procedure
following preliminary examination.
NRS 171.208 Remand
for preliminary examination.
_________
_________
LOCAL JURISDICTION OF PUBLIC OFFENSES
NRS 171.010 Jurisdiction of offense committed in State. Every person, whether an inhabitant of this
state, or any other state, or of a territory or district of the United States,
is liable to punishment by the laws of this state for a public offense
committed therein, except where it is by law cognizable exclusively in the
courts of the United States.
[1911 Cr. Prac. § 58; RL § 6908; NCL § 10705]
NRS 171.015 Jurisdiction of offense commenced without, but consummated
within, this State; consummation through agent. When
the commission of a public offense, commenced without the State, is consummated
within its boundaries, the defendant is liable to punishment therefor in this
State, though the defendant was out of the State at the time of the commission
of the offense charged. If the defendant consummated it in this State, through
the intervention of an innocent or guilty agent, or any other means proceeding
directly from the defendant, in such case the jurisdiction is in the county in
which the offense is consummated.
[1911 Cr. Prac. § 59; RL § 6909; NCL § 10706]
NRS 171.020 Act within this State culminating in crime in this or another
state. Whenever a person, with
intent to commit a crime, does any act within this State in execution or part
execution of such intent, which culminates in the commission of a crime, either
within or without this State, such person is punishable for such crime in this
State in the same manner as if the same had been committed entirely within this
State.
[1911 Cr. Prac. § 59a; added 1927, 87; NCL § 10707]
NRS 171.025 Death by dueling. When
an inhabitant or resident of this state, by previous appointment or engagement,
fights a duel or is concerned as second therein, out of the jurisdiction of
this state, and in the duel a wound is inflicted upon a person, whereof the
person dies in this state, the jurisdiction of the offense is in the county
where the death happens.
[1911 Cr. Prac. § 60; RL § 6910; NCL § 10708]
NRS 171.030 Offense committed partly in one county and partly in another. When a public offense is committed in part in
one county and in part in another or the acts or effects thereof constituting
or requisite to the consummation of the offense occur in two or more counties,
the venue is in either county.
[1911 Cr. Prac. § 61; RL § 6911; NCL § 10709]—(NRS A
1963, 47)
NRS 171.035 Offense committed on or near boundary. When
an offense is committed on the boundary of two or more counties, or within 500
yards thereof, the venue is in either county.
[1911 Cr. Prac. § 62; RL § 6912; NCL § 10710]—(NRS A
1963, 47)
NRS 171.040 Offense committed on vessel in state waters, common carrier or
private motor vehicle or aircraft. When
an offense is committed in this state:
1. On board a vessel navigating a river,
slough, lake or canal, or lying therein, in the prosecution of a voyage, the
venue is in any county through which the vessel is navigated in the course of
the voyage, or in the county where the voyage terminates;
2. On a railroad train, car, stage or
other public conveyance, or on a private motor vehicle, prosecuting its trip,
the venue is in any county through which the train, car, stage or other public
conveyance, or private motor vehicle, passes in the course of its trip, or in
the county where the trip terminates; or
3. On an aircraft prosecuting its trip,
the venue is in any county over which the aircraft passes in the course of its
trip, or in the county where the trip terminates. However, venue under this
subsection shall be only in a county over or into which the aircraft passes
prior to the first landing of such aircraft after the crime is discovered by or
reported to the person in charge of such aircraft.
[1911 Cr. Prac. § 63; RL § 6913; NCL § 10711]—(NRS A
1959, 215; 1963, 47)
NRS 171.045 Offenses concerning animals ranging in two or more counties. When a public offense concerns any neat
cattle, horse, mule or other animal running at large upon any range which
extends into more than one county of this state, such offense may be prosecuted
in either of the counties, and, upon the trial of any such offense, proof that
such animal is the property of the owner, or person occupying the range, and
was at the time the offense was committed running at large upon the range,
shall be prima facie evidence that the offense was committed within the
jurisdiction of the court.
[1911 Cr. Prac. § 64; RL § 6914; NCL § 10712]
NRS 171.055 Bigamy and incest. When
the offense, either of bigamy or incest, is committed in one county and the
defendant is apprehended in another, the venue is in either county.
[1911 Cr. Prac. § 66; RL § 6916; NCL § 10714]—(NRS A
1963, 47)
NRS 171.060 Burglary, robbery, larceny or embezzlement: Venue when property
is taken in one county and brought into another. When
property taken in one county by burglary, robbery, larceny or embezzlement has
been brought into another, the venue of the offense is in either county, but
if, at any time before the conviction of the defendant in the latter, the
defendant is indicted in the former county, the sheriff of the latter county
must, upon demand, deliver the defendant to the sheriff of the former.
[1911 Cr. Prac. § 67; RL § 6917; NCL § 10715]—(NRS A
1963, 47)
NRS 171.065 Accessory: Venue in either county where offense of accessory was
committed or where principal offense committed. In
the case of an accessory in the commission of a public offense, the venue is in
either the county where the offense of the accessory was committed, or where
the principal offense was committed.
[1911 Cr. Prac. § 68; RL § 6918; NCL § 10716]—(NRS A
1963, 48)
NRS 171.070 Conviction or acquittal in another state or territory is bar
where jurisdiction is concurrent. When
an act charged as a public offense is within the jurisdiction of another state
or territory, as well as of this state, a conviction or acquittal thereof in
the former is a bar to the prosecution or indictment therefor in this state.
[1911 Cr. Prac. § 69; RL § 6919; NCL § 10717]—(NRS A 2009, 2734)
NRS 171.075 Conviction or acquittal in another county is bar where venue is
concurrent. When an offense is
within the venue of two or more counties, a conviction or acquittal thereof in
one county is a bar to the prosecution or indictment therefor in another.
[1911 Cr. Prac. § 70; RL § 6920; NCL § 10718]—(NRS A
1963, 48)
CALIFORNIA-NEVADA COMPACT FOR JURISDICTION ON INTERSTATE
WATERS
NRS 171.076 Enactment. The
California-Nevada Compact for Jurisdiction on Interstate Waters, set forth in
full in NRS 171.077, is hereby enacted into law.
(Added to NRS by 1987, 309)
NRS 171.077 Text of Compact. The
California-Nevada Compact for Jurisdiction on Interstate Waters is as follows:
ARTICLE I—Purpose
and Policy
1. The Legislature finds that law
enforcement has been impaired in sections of Lake Tahoe and Topaz Lake forming
an interstate boundary between California and Nevada because of difficulty in
determining precisely where a criminal act was committed.
2. The Legislature intends that a person
committing an act which is illegal in both states not be freed merely because
neither state could establish that a crime was committed within its boundaries.
3. The California-Nevada Compact for
Jurisdiction on Interstate Waters is enacted to provide for enforcement of the
laws of this state with regard to certain acts committed on Lake Tahoe or Topaz
Lake, on either side of the boundary line between California and Nevada.
ARTICLE
II—Definitions
As used in this compact, unless the context otherwise
requires, “party state” means a state which has enacted this compact.
ARTICLE III—Concurrent
Jurisdiction
1. If conduct is prohibited by the party
states, courts and law enforcement officers in either state who have
jurisdiction over criminal offenses committed in a county where Lake Tahoe or
Topaz Lake forms a common interstate boundary have concurrent jurisdiction to
arrest, prosecute and try offenders for the prohibited conduct committed
anywhere on the body of water forming a boundary between the two states.
2. This compact does not authorize:
(a) Prosecution of any person for conduct which
is lawful in the state where it was committed.
(b) Any conduct prohibited by a party state.
ARTICLE
IV—Ratification
This compact is ratified by enactment of the language
of this compact, or substantially similar language expressing the same purpose,
by the State of California and the State of Nevada.
(Added to NRS by 1987, 309)
INTERSTATE COMPACT FOR JURISDICTION ON THE COLORADO RIVER
NRS 171.078 Enactment. The
Interstate Compact for Jurisdiction on the Colorado River, set forth in full in
NRS 171.079, is hereby enacted into law.
(Added to NRS by 1987, 378)
NRS 171.079 Text of Compact. The
Interstate Compact for Jurisdiction on the Colorado River is as follows:
ARTICLE I—Purpose
and Policy
1. The Legislature finds that law
enforcement has been impaired in sections of the Colorado River forming an
interstate boundary because of difficulty in determining precisely where a
criminal act was committed.
2. The Legislature intends that a person
committing an act which is illegal in both states not be freed merely because
neither state could establish that a crime was committed within its boundaries.
3. The Interstate Compact for Jurisdiction
on the Colorado River is enacted to provide for enforcement of the laws of this
State with regard to certain acts committed on the Colorado River, or any lake
formed by or a part of the Colorado River, on either side of the boundary line
with an adjoining state.
ARTICLE
II—Definitions
As used in this Compact, unless the context otherwise
requires, “party state” means a state which has enacted this Compact.
ARTICLE
III—Concurrent Jurisdiction
1. If conduct is prohibited by two
adjoining party states, courts and law enforcement officers in either state who
have jurisdiction over criminal offenses committed in a county where the
Colorado River, or any lake formed by or a part of the Colorado River, forms a
common interstate boundary have concurrent jurisdiction to arrest, prosecute
and try offenders for the prohibited conduct committed anywhere on the body of
water forming a boundary between the two states and concurrent jurisdiction to
arrest offenders for the prohibited conduct committed on any land mass within 5
air miles of the Colorado River or any lake formed by or a part of the Colorado
River.
2. This Compact does not authorize:
(a) Prosecution of any person for conduct which
is lawful in the state where it was committed.
(b) Any conduct prohibited by a party state.
3. If any claim, including a counterclaim
or cross-claim, is brought in a civil action which is filed in a party state
and which is:
(a) Brought against a present or former officer
or employee of another party state or an agency or political subdivision of
that other party state; and
(b) Based on any alleged act or omission that is
related to his or her official duties or employment and conducted under the
authority of this Compact,
Ê the claim is
subject to the conditions and limitations on civil actions, including, without
limitation, the provisions regarding sovereign immunity, established by the
party state in which that officer or employee is or was an officer or employee.
ARTICLE
IV—Ratification
This Compact is ratified by enactment of the language
of this Compact, or substantially similar language expressing the same purpose,
by at least two states of which the Colorado River forms a common boundary.
(Added to NRS by 1987, 378; A 2005, 303)
TIME OF COMMENCING CRIMINAL ACTIONS
NRS 171.080 No statute of limitation for murder or terrorism. There is no limitation of the time within
which a prosecution for:
1. Murder must be commenced. It may be
commenced at any time after the death of the person killed.
2. A violation of NRS 202.445 must be commenced. It may be
commenced at any time after the violation is committed.
[1911 Cr. Prac. § 71; RL § 6921; NCL § 10719]—(NRS A 2003, 2952)
NRS 171.083 No limitation for sexual assault or sex trafficking if written
report filed with law enforcement officer during period of limitation; effect
of disability on period of limitation.
1. If, at any time during the period of
limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault, a person
authorized to act on behalf of a victim of a sexual assault, or a victim of sex
trafficking or a person authorized to act on behalf of a victim of sex
trafficking, files with a law enforcement officer a written report concerning
the sexual assault or sex trafficking, the period of limitation prescribed in NRS 171.085 and 171.095 is
removed and there is no limitation of the time within which a prosecution for
the sexual assault or sex trafficking must be commenced.
2. If a written report is filed with a law
enforcement officer pursuant to subsection 1, the law enforcement officer shall
provide a copy of the written report to the victim or the person authorized to
act on behalf of the victim.
3. If a victim of a sexual assault or sex
trafficking is under a disability during any part of the period of limitation
prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual
assault or sex trafficking is not otherwise filed pursuant to subsection 1, the
period during which the victim is under the disability must be excluded from
any calculation of the period of limitation prescribed in NRS 171.085 and 171.095.
4. For the purposes of this section, a
victim of a sexual assault or sex trafficking is under a disability if the
victim is insane, intellectually disabled, mentally incompetent or in a
medically comatose or vegetative state.
5. As used in this section, “law
enforcement officer” means:
(a) A prosecuting attorney;
(b) A sheriff of a county or the sheriff’s
deputy;
(c) An officer of a metropolitan police
department or a police department of an incorporated city; or
(d) Any other person upon whom some or all of the
powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(Added to NRS by 1997, 890; A 2013, 683, 2418)
NRS 171.084 Limitation for kidnapping or attempted murder extended if
written report filed with law enforcement officer during period of limitation.
1. If, at any time during the period of
limitation prescribed in NRS 171.085 and 171.095, a victim of kidnapping or attempted murder,
or a person authorized to act on behalf of such a victim, files with a law
enforcement officer a written report concerning the offense, the period of
limitation prescribed in NRS 171.085 and 171.095 is extended for 5 years.
2. If a written report is filed with a law
enforcement officer pursuant to subsection 1, the law enforcement officer shall
provide a copy of the written report to the victim or the person authorized to
act on behalf of the victim.
3. As used in this section, “law
enforcement officer” has the meaning ascribed to it in NRS
171.083.
(Added to NRS by 2001, 3031)
NRS 171.085 Limitations for felonies. Except
as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, an indictment for:
1. Theft, robbery, burglary, forgery,
arson, sexual assault, sex trafficking, a violation of NRS 90.570, a violation punishable
pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an
information or complaint filed, within 4 years after the commission of the offense.
2. Any felony other than the felonies
listed in subsection 1 must be found, or an information or complaint filed,
within 3 years after the commission of the offense.
[1911 Cr. Prac. § 72; RL § 6922; NCL § 10720]—(NRS A
1963, 371; 1977,
1630; 1985,
2167; 1997,
890; 2001,
3031; 2003,
20th Special Session, 273; 2005, 1426; 2009, 146; 2013, 2418)
NRS 171.090 Limitations for gross and simple misdemeanors. Except as otherwise provided in NRS 171.095, 202.885
and 624.800, an indictment for:
1. A gross misdemeanor must be found, or
an information or complaint filed, within 2 years after the commission of the
offense.
2. Any other misdemeanor must be found, or
an information or complaint filed, within 1 year after the commission of the
offense.
[1911 Cr. Prac. § 73; RL § 6923; NCL § 10721]—(NRS A 1981, 771; 1985, 2167; 1999, 3525; 2005, 1209)
NRS 171.095 Limitations for offenses committed in secret manner, offenses
constituting sexual abuse or sex trafficking of child and offenses regarding
personal identifying information.
1. Except as otherwise provided in
subsection 2 and NRS 171.083 and 171.084:
(a) If a felony, gross misdemeanor or misdemeanor
is committed in a secret manner, an indictment for the offense must be found,
or an information or complaint filed, within the periods of limitation
prescribed in NRS 171.085, 171.090
and 624.800 after the discovery of the
offense, unless a longer period is allowed by paragraph (b) or (c) or the
provisions of NRS 202.885.
(b) An indictment must be found, or an
information or complaint filed, for any offense constituting sexual abuse of a
child as defined in NRS 432B.100 or
sex trafficking of a child as defined in NRS
201.300, before the victim is:
(1) Thirty-six years old if the victim
discovers or reasonably should have discovered that he or she was a victim of
the sexual abuse or sex trafficking by the date on which the victim reaches
that age; or
(2) Forty-three years old if the victim
does not discover and reasonably should not have discovered that he or she was
a victim of the sexual abuse or sex trafficking by the date on which the victim
reaches 36 years of age.
(c) If a felony is committed pursuant to NRS 205.461 to 205.4657, inclusive, against a victim who
is less than 18 years of age at the time of the commission of the offense, an
indictment for the offense must be found, or an information or complaint filed,
within 4 years after the victim discovers or reasonably should have discovered
the offense.
2. If any indictment found, or an
information or complaint filed, within the time prescribed in subsection 1 is
defective so that no judgment can be given thereon, another prosecution may be
instituted for the same offense within 6 months after the first is abandoned.
[1911 Cr. Prac. § 74; RL § 6924; NCL § 10722]—(NRS A 1981, 771; 1985, 2167; 1989, 1443; 1993, 305; 1997, 891; 1999, 3525; 2001, 3031; 2005, 1209; 2011, 131; 2013, 247, 2419)
NRS 171.100 Indictment found when it is presented and filed. An indictment is found, within the meaning of
this chapter, when it is presented by the grand jury in open court, and there
received and filed.
[1911 Cr. Prac. § 75; RL § 6925; NCL § 10723]
WARRANT OR SUMMONS UPON COMPLAINT
NRS 171.102 Complaint defined; oath or declaration required. The complaint is a written statement of the
essential facts constituting the public offense charged. It must be made upon:
1. Oath before a magistrate or a notary
public; or
2. Declaration which is made subject to
the penalty for perjury.
(Added to NRS by 1967, 1400; A 1969, 387; 1983, 446)
NRS 171.103 Court clerk may accept complaint filed electronically;
procedure; service.
1. A court clerk may accept a complaint
filed pursuant to this chapter that is filed electronically. A complaint that
is filed electronically must contain an image of the signature of the
prosecuting attorney.
2. If a court clerk accepts a complaint
that is filed electronically pursuant to subsection 1, the court clerk shall
acknowledge receipt of the complaint by an electronic time stamp and shall
electronically return the complaint with the electronic time stamp to the
prosecuting attorney. A complaint that is filed and time-stamped electronically
pursuant to this section may be converted into a printed document and served
upon a defendant in the same manner as a complaint that is not filed
electronically.
(Added to NRS by 1997, 892)
NRS 171.104 Arrest defined; by whom made. An
arrest is the taking of a person into custody, in a case and in the manner
authorized by law. An arrest may be made by a peace officer or by a private
person.
(Added to NRS by 1967, 1400)
NRS 171.106 Issuance of warrant or summons upon complaint or citation. If it appears from the complaint or a citation
issued pursuant to NRS 484A.730, 488.920 or 501.386, or from an affidavit or
affidavits filed with the complaint or citation that there is probable cause to
believe that an offense, triable within the county, has been committed and that
the defendant has committed it, a warrant for the arrest of the defendant shall
be issued by the magistrate to any peace officer. Upon the request of the
district attorney a summons instead of a warrant shall issue. More than one
warrant or summons may issue on the same complaint or citation. If a defendant
fails to appear in response to the summons, a warrant shall issue.
(Added to NRS by 1967, 1400; A 1971, 830)
NRS 171.108 Contents of warrant of arrest. The
warrant of arrest is an order in writing in the name of the State of Nevada
which shall:
1. Be signed by the magistrate with the
magistrate’s name of office;
2. Contain the name of the defendant or,
if the defendant’s name is unknown, any name or description by which the
defendant can be identified with reasonable certainty;
3. State the date of its issuance, and the
county, city or town where it was issued;
4. Describe the offense charged in the
complaint; and
5. Command that the defendant be arrested
and brought before the nearest available magistrate.
(Added to NRS by 1967, 1400)
NRS 171.112 Contents of summons. The
summons shall be in the same form as the warrant except that it shall summon
the defendant to appear before a magistrate at a stated time and place. Upon a
complaint against a corporation, the magistrate must issue a summons, signed by
the magistrate, with the magistrate’s name of office, requiring the corporation
to appear before the magistrate at a specified time and place to answer the
charge, the time to be not less than 10 days after the issuing of the summons.
(Added to NRS by 1967, 1400)
NRS 171.114 Execution of warrant and service of summons: By whom. The warrant shall be directed to and executed
by a peace officer. The summons may be served by any person authorized to serve
a summons in a civil action.
(Added to NRS by 1967, 1401)
NRS 171.116 When magistrate may depute person to act as constable. A magistrate may depute in writing any
suitable and discreet person to act as constable when no constable is at hand
and the nature of the business requires immediate action.
(Added to NRS by 1967, 1401)
NRS 171.118 Execution of warrant and service of summons: Territorial limits. The warrant may be executed or the summons may
be served at any place within the jurisdiction of the State of Nevada.
(Added to NRS by 1967, 1401)
NRS 171.122 Manner in which execution of warrant and service of summons are
made; issuance of citation in lieu of execution of warrant of arrest.
1. Except as otherwise provided in
subsection 2, the warrant must be executed by the arrest of the defendant. The
officer need not have the warrant in the officer’s possession at the time of
the arrest, but upon request the officer must show the warrant to the defendant
as soon as possible. If the officer does not have a warrant in the officer’s
possession at the time of the arrest, the officer shall then inform the
defendant of the officer’s intention to arrest the defendant, of the offense
charged, the authority to make it and of the fact that a warrant has or has not
been issued. The defendant must not be subjected to any more restraint than is
necessary for the defendant’s arrest and detention. If the defendant either
flees or forcibly resists, the officer may, except as otherwise provided in NRS 171.1455, use all necessary means to effect the
arrest.
2. In lieu of executing the warrant by
arresting the defendant, a peace officer may issue a citation as provided in NRS 171.1773 if:
(a) The warrant is issued upon an offense
punishable as a misdemeanor;
(b) The officer has no indication that the
defendant has previously failed to appear on the charge reflected in the
warrant;
(c) The defendant provides satisfactory evidence
of his or her identity to the peace officer;
(d) The defendant signs a written promise to
appear in court for the misdemeanor offense; and
(e) The officer has reasonable grounds to believe
that the defendant will keep a written promise to appear in court.
3. The summons must be served upon a
defendant by delivering a copy to the defendant personally, or by leaving it at
the defendant’s dwelling house or usual place of abode with some person then
residing in the house or abode who is at least 16 years of age and is of
suitable discretion, or by mailing it to the defendant’s last known address. In
the case of a corporation, the summons must be served at least 5 days before
the day of appearance fixed in the summons, by delivering a copy to an officer
or to a managing or general agent or to any other agent authorized by appointment
or by law to receive service of process and, if the agent is one authorized by
statute to receive service and the statute so requires, by also mailing a copy
to the corporation’s last known address within the State of Nevada or at its
principal place of business elsewhere in the United States.
(Added to NRS by 1967, 1401; A 1985, 618; 1993, 143, 931, 932)
INVESTIGATION OF SUSPECTED CRIMINAL ACTIVITY; DETENTION AND
IDENTIFICATION OF SUSPECTS
NRS 171.1223 Peace officer with limited jurisdiction must notify primary law
enforcement agency of commission of certain felonies; transfer of investigation
to primary law enforcement agency.
1. Except as otherwise provided in
subsection 3, in a county whose population is 100,000 or more, a peace officer
with limited jurisdiction who witnesses a category A felony being committed or
attempted in the officer’s presence, or has reasonable cause for believing a
person has committed or attempted to commit a category A felony in an area that
is within the officer’s jurisdiction, shall immediately notify the primary law
enforcement agency in the city or county, as appropriate, where the offense or
attempted offense was committed.
2. Upon arrival of an officer from the
primary law enforcement agency notified pursuant to subsection 1, a peace
officer with limited jurisdiction shall immediately transfer the investigation
of the offense or attempted offense to the primary law enforcement agency.
3. The provisions of subsection 1 do not:
(a) Apply to an offense or attempted offense that
is a misdemeanor, gross misdemeanor or felony other than a category A felony;
(b) Apply to an officer of the Nevada Highway
Patrol, a member of the police department of the Nevada System of Higher
Education, an agent of the Investigation Division of the Department of Public
Safety or a ranger of the Division of State Parks of the State Department of
Conservation and Natural Resources;
(c) Apply to a peace officer with limited
jurisdiction if an interlocal agreement between the officer’s employer and the
primary law enforcement agency in the city or county in which a category A
felony was committed or attempted authorizes the peace officer with limited jurisdiction
to respond to and investigate the felony without immediately notifying the
primary law enforcement agency; or
(d) Prohibit a peace officer with limited
jurisdiction from:
(1) Contacting a primary law enforcement
agency for assistance with an offense that is a misdemeanor, gross misdemeanor
or felony that is not a category A felony; or
(2) Responding to a category A felony
until the appropriate primary law enforcement agency arrives at the location
where the felony was allegedly committed or attempted, including, without
limitation, taking any appropriate action to provide assistance to a victim of
the felony, to apprehend the person suspected of committing or attempting to
commit the felony, to secure the location where the felony was allegedly
committed or attempted and to protect the life and safety of the peace officer
and any other person present at that location.
4. As used in this section:
(a) “Peace officer with limited jurisdiction”
means:
(1) A school police officer who is
appointed or employed pursuant to subsection 8 of NRS 391.100;
(2) An airport guard or police officer who
is appointed pursuant to NRS 496.130;
(3) A person employed to provide police
services for an airport authority created by a special act of the Legislature;
and
(4) A marshal or park ranger who is part
of a unit of specialized law enforcement established pursuant to NRS 280.125.
(b) “Primary law enforcement agency” means:
(1) A police department of an incorporated
city;
(2) The sheriff’s office of a county; or
(3) If the county is within the
jurisdiction of a metropolitan police department, the metropolitan police
department.
(Added to NRS by 2001, 1868; 2003, 102)
NRS 171.1225 Peace officer to provide information to suspected victims of
domestic violence.
1. When investigating an act of domestic
violence, a peace officer shall:
(a) Make a good faith effort to explain the
provisions of NRS 171.137 pertaining to domestic
violence and advise victims of all reasonable means to prevent further abuse,
including advising each person of the availability of a shelter or other
services in the community.
(b) Provide a person suspected of being the
victim of an act of domestic violence with a written copy of the following
statements:
(1) My name is officer
......................... (naming the investigating officer). Nevada law
requires me to inform you of the following information.
(2) If I have probable cause to believe
that a battery has been committed against you, your minor child or the minor
child of the person believed to have committed the battery in the last 24 hours
by your spouse, your former spouse, any other person to whom you are related by
blood or marriage, a person with whom you are or were actually residing, a
person with whom you have had or are having a dating relationship or a person
with whom you have a child in common, I am required, unless mitigating
circumstances exist, to arrest the person suspected of committing the battery.
(3) If I am unable to arrest the person
suspected of committing the battery, you have the right to request that the
prosecutor file a criminal complaint against the person. I can provide you with
information on this procedure. If convicted, the person who committed the
battery may be placed on probation, ordered to see a counselor, put in jail or
fined.
(4) The law provides that you may seek a
court order for the protection of you, your minor children or any animal that
is owned or kept by you, by the person who committed or threatened the act of
domestic violence or by the minor child of either such person against further
threats or acts of domestic violence. You do not need to hire a lawyer to
obtain such an order for protection.
(5) An order for protection may require
the person who committed or threatened the act of domestic violence against you
to:
(I) Stop threatening, harassing or
injuring you or your children;
(II) Move out of your residence;
(III) Stay away from your place of
employment;
(IV) Stay away from the school
attended by your children;
(V) Stay away from any place you or
your children regularly go;
(VI) Avoid or limit all
communication with you or your children;
(VII) Stop physically injuring,
threatening to injure or taking possession of any animal that is owned or kept
by you or your children, either directly or through an agent; and
(VIII) Stop physically injuring or
threatening to injure any animal that is owned or kept by the person who
committed or threatened the act or his or her children, either directly or
through an agent.
(6) A court may make future orders for
protection which award you custody of your children and require the person who
committed or threatened the act of domestic violence against you to:
(I) Pay the rent or mortgage due on
the place in which you live;
(II) Pay the amount of money
necessary for the support of your children;
(III) Pay part or all of the costs
incurred by you in obtaining the order for protection; and
(IV) Comply with the arrangements
specified for the possession and care of any animal owned or kept by you or
your children or by the person who committed or threatened the act or his or
her children.
(7) To get an order for protection, go to
room number ....... (state the room number of the office at the court) at the
court, which is located at ......................... (state the address of the
court). Ask the clerk of the court to provide you with the forms for an order
of protection.
(8) If the person who committed or
threatened the act of domestic violence against you violates the terms of an
order for protection, the person may be arrested and, if:
(I) The arresting officer determines
that such a violation is accompanied by a direct or indirect threat of harm;
(II) The person has previously
violated a temporary or extended order for protection; or
(III) At the time of the violation
or within 2 hours after the violation, the person has a concentration of
alcohol of 0.08 or more in the person’s blood or breath or an amount of a
prohibited substance in the person’s blood or urine that is equal to or greater
than the amount set forth in subsection 3 of NRS 484C.110,
Ê the person
will not be admitted to bail sooner than 12 hours after arrest.
(9) You may obtain emergency assistance or
shelter by contacting your local program against domestic violence at
......................... (state name, address and telephone number of local
program) or you may call, without charge to you, the Statewide Program Against
Domestic Violence at ........................ (state toll-free telephone number
of Statewide Program).
2. The failure of a peace officer to carry
out the requirements set forth in subsection 1 is not a defense in a criminal
prosecution for the commission of an act of domestic violence, nor may such an
omission be considered as negligence or as causation in any civil action
against the peace officer or the officer’s employer.
3. As used in this section:
(a) “Act of domestic violence” means any of the
following acts committed by a person against his or her spouse, former spouse,
any other person to whom he or she is related by blood or marriage, a person
with whom he or she is or was actually residing, a person with whom he or she
has had or is having a dating relationship, a person with whom he or she has a
child in common, the minor child of any of those persons or his or her minor
child:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or
threat of force to perform an act from which he or she has the right to refrain
or to refrain from an act which he or she has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless
course of conduct intended to harass the other. Such conduct may include, but
is not limited to:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon
without a permit.
(VII) Injuring or killing an animal.
(6) False imprisonment.
(7) Unlawful entry of the other’s
residence, or forcible entry against the other’s will if there is a reasonably
foreseeable risk of harm to the other from the entry.
(b) “Dating relationship” means frequent,
intimate associations primarily characterized by the expectation of affectional
or sexual involvement. The term does not include a casual relationship or an
ordinary association between persons in a business or social context.
(Added to NRS by 1989, 64; A 1993, 2771; 1995, 899; 1997, 1800; 2001, 1221; 2007, 1015; 2013, 40)
NRS 171.1227 Peace officer to submit written report concerning suspected acts
of domestic violence; information from reports to be aggregated and forwarded
to Central Repository; content of report.
1. If a peace officer investigates an act
that constitutes domestic violence pursuant to NRS 33.018, the peace officer shall
prepare and submit a written report of the investigation to the peace officer’s
supervisor or to another person designated by the peace officer’s supervisor,
regardless of whether the peace officer makes an arrest.
2. If the peace officer investigates a
mutual battery that constitutes domestic violence pursuant to NRS 33.018 and finds that one of the
persons involved was the primary physical aggressor, the peace officer shall
include in the report:
(a) The name of the person who was the primary
physical aggressor; and
(b) A description of the evidence which supports
the peace officer’s finding.
3. If the peace officer does not make an
arrest, the peace officer shall include in the report the reason the peace
officer did not do so.
4. The information contained in a report made
pursuant to subsections 1 and 2 must be:
(a) Aggregated each month; and
(b) Forwarded by each jurisdiction to the Central
Repository for Nevada Records of Criminal History not later than the 15th day
of the following month.
5. The Director of the Department of
Public Safety shall prescribe the form on which the information described in
subsection 4 must be reported to the Central Repository. In addition to the
information required pursuant to subsections 1 and 2, the form must also
require the inclusion of the following information from each report:
(a) The gender, age and race of the persons
involved;
(b) The relationship of the persons involved;
(c) The date and time of day of the offense;
(d) The number of children present, if any, at
the time of the offense;
(e) Whether or not an order for protection
against domestic violence was in effect at the time of the offense;
(f) Whether or not any weapons were used during
the commission of the offense;
(g) Whether or not any person required medical
attention;
(h) Whether or not any person was given a
domestic violence card that contains information about appropriate counseling
or other supportive services available in the community in which that person
resides;
(i) Whether or not the primary physical
aggressor, if identified, was arrested and, if not, any mitigating
circumstances explaining why an arrest was not made; and
(j) Whether or not any other person was arrested.
(Added to NRS by 1997, 1533; A 2007, 2482)
NRS 171.1228 Investigation of alleged sexual offense: Alleged victim not
required to submit to polygraphic examination or other similar examination.
1. A law enforcement officer, prosecutor
or other employee of a governmental entity shall not, as a condition of
investigating an alleged sexual offense, request or require a victim of the
alleged sexual offense to take or submit to a polygraphic examination or other
similar examination that is used, or the results of which are used, for the
purpose of rendering a diagnostic opinion regarding the honesty or dishonesty
of a person.
2. As used in this section, “sexual
offense” has the meaning ascribed to it in NRS
179D.097.
(Added to NRS by 2007, 95)
NRS 171.1229 Fingerprinting of persons detained and cited for committing
suspected acts of domestic violence; fingerprints to be forwarded to Central
Repository. If a peace officer:
1. Detains a person for violating a
county, city or town ordinance or state law that:
(a) Is punishable as a misdemeanor; and
(b) Constitutes domestic violence pursuant to NRS 33.018; and
2. Issues the person a citation in lieu of
taking the person before a magistrate,
Ê the peace
officer shall obtain not less than one fingerprint of the person and shall
forward any fingerprint taken and the report that the peace officer is required
to prepare pursuant to NRS 171.1227 to the Central
Repository for Nevada Records of Criminal History.
(Added to NRS by 1997, 1533)
NRS 171.123 Temporary detention by peace officer of person suspected of
criminal behavior or of violating conditions of parole or probation:
Limitations.
1. Any peace officer may detain any person
whom the officer encounters under circumstances which reasonably indicate that
the person has committed, is committing or is about to commit a crime.
2. Any peace officer may detain any person
the officer encounters under circumstances which reasonably indicate that the
person has violated or is violating the conditions of the person’s parole or
probation.
3. The officer may detain the person
pursuant to this section only to ascertain the person’s identity and the
suspicious circumstances surrounding the person’s presence abroad. Any person
so detained shall identify himself or herself, but may not be compelled to
answer any other inquiry of any peace officer.
4. A person must not be detained longer
than is reasonably necessary to effect the purposes of this section, and in no
event longer than 60 minutes. The detention must not extend beyond the place or
the immediate vicinity of the place where the detention was first effected,
unless the person is arrested.
(Added to NRS by 1969, 535; A 1973, 597; 1975, 1200; 1987, 1172; 1995, 2068)
NRS 171.1231 Arrest if probable cause appears. At
any time after the onset of the detention pursuant to NRS
171.123, the person so detained shall be arrested if probable cause for an
arrest appears. If, after inquiry into the circumstances which prompted the
detention, no probable cause for arrest appears, such person shall be released.
(Added to NRS by 1969, 535)
NRS 171.1232 Search to ascertain presence of dangerous weapon; seizure of weapon
or evidence.
1. If any peace officer reasonably
believes that any person whom the peace officer has detained or is about to
detain pursuant to NRS 171.123 is armed with a
dangerous weapon and is a threat to the safety of the peace officer or another,
the peace officer may search such person to the extent reasonably necessary to
ascertain the presence of such weapon. If the search discloses a weapon or any
evidence of a crime, such weapon or evidence may be seized.
2. Nothing seized by a peace officer in
any such search is admissible in any proceeding unless the search which
disclosed the existence of such evidence is authorized by and conducted in
compliance with this section.
(Added to NRS by 1969, 535)
NRS 171.1235 Gaming licensee may detain person suspected of having committed
felony in gaming establishment.
1. As used in this section:
(a) “Establishment” means any premises whereon
any gaming is done or any premises owned or controlled by a licensee for the purpose
of parking motor vehicles owned or operated by patrons of such licensee.
(b) “Licensee” has the meaning ascribed to it in NRS 463.0171.
2. Any licensee or the licensee’s
officers, employees or agents may take into custody and detain any person when
such licensee or the licensee’s officers, employees or agents have reasonable
cause to believe the person detained has committed a felony, whether or not in
the presence of such licensee or the licensee’s officers, employees or agents.
3. Detention pursuant to this section
shall be in the establishment, in a reasonable manner, for a reasonable length
of time and solely for the purpose of notifying a peace officer. Such taking
into custody and detention shall not render the licensee or the licensee’s
officers, employees or agents criminally or civilly liable for false arrest,
false imprisonment, slander or unlawful detention unless such taking into
custody and detention are unreasonable under all the circumstances.
4. No licensee or the licensee’s officers,
employees or agents are entitled to the immunity from liability provided for in
this section unless there is displayed in a conspicuous place in the
establishment a notice in boldface type clearly legible and in substantially
this form:
Any gaming licensee or the
licensee’s officers, employees or agents who have reasonable cause to believe
that any person has committed a felony may detain such person in the
establishment for the purpose of notifying a peace officer.
(Added to NRS by 1973, 1700; A 2003, 20th
Special Session, 15)
NRS 171.1237 Identification of suspect by live lineup, photo lineup or
show-up: Law enforcement agencies to adopt policies and procedures governing
use.
1. Each law enforcement agency shall adopt
policies and procedures governing the use of live lineups, photo lineups and
show-ups.
2. As used in this section:
(a) “Live lineup” means an identification
procedure in which a group of persons, including the suspect, is displayed to
an eyewitness to determine whether the eyewitness identifies the suspect as the
perpetrator of a crime.
(b) “Photo lineup” means an identification
procedure in which an array of photographs, including a photograph of the
suspect, is displayed to an eyewitness in hard copy or by digital image to
determine whether the eyewitness identifies the suspect as the perpetrator of a
crime.
(c) “Show-up” means an identification procedure
in which the suspect appears individually for possible identification by the
eyewitness as the perpetrator of a crime.
(Added to NRS by 2011, 325)
ARREST: BY WHOM AND HOW MADE
NRS 171.124 Arrest by peace officer or officer of Drug Enforcement
Administration.
1. Except as otherwise provided in
subsection 3 and NRS 33.070, 33.320 and 258.070, a peace officer or an officer of
the Drug Enforcement Administration designated by the Attorney General of the
United States for that purpose may make an arrest in obedience to a warrant
delivered to him or her, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted
in the officer’s presence.
(b) When a person arrested has committed a felony
or gross misdemeanor, although not in the officer’s presence.
(c) When a felony or gross misdemeanor has in
fact been committed, and the officer has reasonable cause for believing the
person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of
the commission of a felony or gross misdemeanor by the person arrested.
(e) When a warrant has in fact been issued in
this State for the arrest of a named or described person for a public offense,
and the officer has reasonable cause to believe that the person arrested is the
person so named or described.
2. A peace officer or an officer of the
Drug Enforcement Administration designated by the Attorney General of the
United States for that purpose may also, at night, without a warrant, arrest
any person whom the officer has reasonable cause for believing to have
committed a felony or gross misdemeanor, and is justified in making the arrest,
though it afterward appears that a felony or gross misdemeanor has not been
committed.
3. An officer of the Drug Enforcement
Administration may only make an arrest pursuant to subsections 1 and 2 for a
violation of chapter 453 of NRS.
(Added to NRS by 1967, 1401; A 1975, 755; 1979, 834; 1983, 1651; 1985, 1171, 2022, 2170; 2001, 2850; 2003, 888; 2013, 2946)
NRS 171.1245 Arrest by agent of Federal Bureau of Investigation or Secret
Service. An agent of the Federal
Bureau of Investigation or Secret Service may, without a warrant, arrest a
person:
1. For a public offense committed or
attempted in the agent’s presence.
2. When a person arrested has committed a
felony or gross misdemeanor, although not in the agent’s presence.
3. When a felony or gross misdemeanor has
in fact been committed, and the agent has reasonable cause for believing the
person arrested to have committed it.
4. On a charge made, upon a reasonable
cause, of the commission of a felony or gross misdemeanor by the person
arrested.
5. When a warrant has in fact been issued
in this State for the arrest of a named or described person for a public
offense, and the agent has reasonable cause to believe that the person arrested
is the person so named or described.
(Added to NRS by 1985, 451)
NRS 171.1255 Arrest by officer or agent of Bureau of Indian Affairs or police
officer employed by Indian tribe.
1. Except as otherwise provided in
subsection 2, an officer or agent of the Bureau of Indian Affairs or a person
employed as a police officer by an Indian tribe may make an arrest in obedience
to a warrant delivered to him or her, or may, without a warrant, arrest a
person:
(a) For a public offense committed or attempted
in the officer or agent’s presence.
(b) When a person arrested has committed a felony
or gross misdemeanor, although not in the officer or agent’s presence.
(c) When a felony or gross misdemeanor has in
fact been committed, and the officer or agent has reasonable cause for
believing the person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of
the commission of a felony or gross misdemeanor by the person arrested.
(e) When a warrant has in fact been issued in
this State for the arrest of a named or described person for a public offense,
and the officer or agent has reasonable cause to believe that the person
arrested is the person so named or described.
(f) When the peace officer has probable cause to
believe that the person to be arrested has committed a battery upon that
person’s spouse and the peace officer finds evidence of bodily harm to the
spouse.
2. Such an officer or agent may make an
arrest pursuant to subsection 1 only:
(a) Within the boundaries of an Indian
reservation or Indian colony for an offense committed on that reservation or
colony; or
(b) Outside the boundaries of an Indian
reservation or Indian colony if the officer or agent is in fresh pursuit of a
person who is reasonably believed by the officer or agent to have committed a
felony within the boundaries of the reservation or colony or has committed, or
attempted to commit, any criminal offense within those boundaries in the
presence of the officer or agent.
Ê For the
purposes of this subsection, “fresh pursuit” has the meaning ascribed to it in NRS 171.156.
(Added to NRS by 1985, 452)
NRS 171.1257 Arrest by postal inspector of United States Postal Inspection
Service.
1. A postal inspector of the United States
Postal Inspection Service may make an arrest in obedience to a warrant
delivered to him or her, or may, without a warrant, arrest a person:
(a) For a public offense related to postal
matters committed or attempted in the postal inspector’s presence.
(b) When the person arrested has committed a
felony or gross misdemeanor related to postal matters, although not in the
postal inspector’s presence.
(c) When a felony or gross misdemeanor related to
postal matters has in fact been committed, and the postal inspector has
reasonable cause for believing the person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of
the commission of a felony or gross misdemeanor related to postal matters by
the person arrested.
(e) When a warrant has in fact been issued in
this State for the arrest of a named or described person for a public offense
related to postal matters, and the postal inspector has reasonable cause to
believe that the person arrested is the person so named or described.
2. As used in this section, “postal
matters” means any act related to mail service, including, without limitation,
delivering and collecting mail, mail theft and mail fraud.
(Added to NRS by 2007, 2173)
NRS 171.126 Arrest by private person. A
private person may arrest another:
1. For a public offense committed or
attempted in the person’s presence.
2. When the person arrested has committed
a felony, although not in the person’s presence.
3. When a felony has been in fact
committed, and the private person has reasonable cause for believing the person
arrested to have committed it.
(Added to NRS by 1967, 1402)
NRS 171.128 Magistrate may order arrest for committing or attempting to
commit offense in magistrate’s presence. A
magistrate may orally order a peace officer or private person to arrest anyone
committing or attempting to commit a public offense in the presence of the
magistrate, and may thereupon proceed as if the offender had been brought
before the magistrate on a warrant of arrest.
(Added to NRS by 1967, 1402)
NRS 171.132 Person making arrest may summon assistance. Any person making an arrest may orally summon
as many persons as the person making the arrest deems necessary to aid him or
her therein.
(Added to NRS by 1967, 1402)
NRS 171.134 Escape or rescue of arrested person: Pursuit and retaking at any
time and place in State. If a
person arrested escapes or is rescued, the person from whose custody he or she
escaped or was rescued may immediately pursue and retake the person at any time
and in any place within the State.
(Added to NRS by 1967, 1402)
NRS 171.136 When arrest may be made.
1. If the offense charged is a felony or
gross misdemeanor, the arrest may be made on any day, and at any time of day or
night.
2. If it is a misdemeanor, the arrest
cannot be made between the hours of 7 p.m. and 7 a.m., except:
(a) Upon the direction of a magistrate, endorsed
upon the warrant;
(b) When the offense is committed in the presence
of the arresting officer;
(c) When the person is found and the arrest is
made in a public place or a place that is open to the public and:
(1) There is a warrant of arrest against
the person; and
(2) The misdemeanor is discovered because
there was probable cause for the arresting officer to stop, detain or arrest
the person for another alleged violation or offense;
(d) When the offense is committed in the presence
of a private person and the person makes an arrest immediately after the
offense is committed;
(e) When the offense charged is battery that
constitutes domestic violence pursuant to NRS
33.018 and the arrest is made in the manner provided in NRS 171.137;
(f) When the offense charged is a violation of a
temporary or extended order for protection against domestic violence issued
pursuant to NRS 33.017 to 33.100, inclusive;
(g) When the person is already in custody as a
result of another lawful arrest; or
(h) When the person voluntarily surrenders
himself or herself in response to an outstanding warrant of arrest.
(Added to NRS by 1967, 1402; A 1977, 874; 1985, 6, 2023; 1991, 331; 1993, 119; 2001, 1431)
NRS 171.137 Arrest required for suspected battery constituting domestic
violence; exceptions.
1. Except as otherwise provided in
subsection 2, whether or not a warrant has been issued, a peace officer shall,
unless mitigating circumstances exist, arrest a person when the peace officer
has probable cause to believe that the person to be arrested has, within the
preceding 24 hours, committed a battery upon his or her spouse, former spouse,
any other person to whom he or she is related by blood or marriage, a person
with whom he or she is or was actually residing, a person with whom he or she
has had or is having a dating relationship, a person with whom he or she has a
child in common, the minor child of any of those persons or his or her minor
child.
2. If the peace officer has probable cause
to believe that a battery described in subsection 1 was a mutual battery, the
peace officer shall attempt to determine which person was the primary physical
aggressor. If the peace officer determines that one of the persons who
allegedly committed a battery was the primary physical aggressor involved in
the incident, the peace officer is not required to arrest any other person
believed to have committed a battery during the incident. In determining
whether a person is a primary physical aggressor for the purposes of this
subsection, the peace officer shall consider:
(a) Prior domestic violence involving either
person;
(b) The relative severity of the injuries
inflicted upon the persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was
committed in self-defense; and
(e) Any other factor that may help the peace
officer decide which person was the primary physical aggressor.
3. A peace officer shall not base a
decision regarding whether to arrest a person pursuant to this section on the
peace officer’s perception of the willingness of a victim or a witness to the
incident to testify or otherwise participate in related judicial proceedings.
4. As used in this section, “dating
relationship” means frequent, intimate associations primarily characterized by
the expectation of affectional or sexual involvement. The term does not include
a casual relationship or an ordinary association between persons in a business
or social context.
(Added to NRS by 1985, 2170; A 1989, 23; 1995, 901; 1997, 1533, 1802; 1999, 486)
NRS 171.138 Breaking open door or window: Making arrest. To make an arrest, a private person, if the
offense is a felony, and in all cases a peace officer, may break open a door or
window of the house, structure or other place of concealment in which the
person to be arrested is, or in which there is reasonable grounds for believing
the person to be, after having demanded admittance and explained the purpose
for which admittance is desired.
(Added to NRS by 1967, 1402; A 1983, 244)
NRS 171.142 Breaking open door or window: Upon detention after making
arrest. Any person who has entered
a house, structure or other place of concealment to make an arrest may break
open a door or window if that is necessary to liberate himself or herself. An
officer may do the same to liberate a person who, acting in the officer’s aid,
entered to make an arrest and is detained inside.
(Added to NRS by 1967, 1402; A 1983, 244)
NRS 171.144 Breaking open door or window: Retaking person arrested. To retake a person arrested who has escaped or
been rescued, the person pursuing may break open an outer or inner door or
window of a dwelling house, structure or other place of concealment, if, after
notice of his or her intention, the person pursuing is refused admittance.
(Added to NRS by 1967, 1402)
NRS 171.1455 Use of deadly force to effect arrest: Limitations. If necessary to prevent escape, an officer
may, after giving a warning, if feasible, use deadly force to effect the arrest
of a person only if there is probable cause to believe that the person:
1. Has committed a felony which involves
the infliction or threat of serious bodily harm or the use of deadly force; or
2. Poses a threat of serious bodily harm
to the officer or to others.
(Added to NRS by 1993, 931)
NRS 171.146 Weapon may be taken from person arrested. Any person making an arrest may take from the
person arrested all dangerous and offensive weapons which the person arrested
may have about his or her person.
(Added to NRS by 1967, 1402)
NRS 171.147 Duties of arresting officer where person arrested appears to be
intoxicated or not in control of the person’s physical functions.
1. Every peace officer shall, when
arresting any person who appears to be intoxicated or not in control of the
person’s physical functions, investigate in a reasonable manner to determine
whether or not that person is wearing a bracelet, necklace, other visible
device or other identification identifying a medical condition which might
account for the actions of the person.
2. Any arresting officer who discovers
identification of a medical condition during an investigation conducted
pursuant to subsection 1 shall take reasonable steps to aid the afflicted
person in receiving medication or other treatment for the medical condition.
(Added to NRS by 1981, 781)
NRS 171.148 Warrant of arrest by telegram authorized.
1. A warrant of arrest may be transmitted
by telegram. A copy of a warrant transmitted by telegram may be sent to one or
more peace officers, and the copy is as effectual in the hands of any officer,
and the officer must proceed in the same manner under it, as though the officer
held an original warrant issued by the magistrate before whom the original
complaint in the case was laid.
2. Every officer causing a warrant to be
transmitted by telegram pursuant to subsection 1 must certify as correct a copy
of the warrant and endorsement thereon, and must return the original with a
statement of the officer’s action thereunder.
3. As used in this section, “telegram”
includes every method of electric or electronic communication by which a
written as distinct from an oral message is transmitted.
(Added to NRS by 1967, 1402; A 1973, 598; 2003, 984)
NRS 171.152 Return of warrant after execution by arrest or issuance of
citation; return of summons after service; cancellation by district attorney
before execution or service; reissuance.
1. The peace officer executing a warrant
by arrest shall make return thereof to the magistrate before whom the defendant
is brought pursuant to NRS 171.178 and 171.184. At the request of the district attorney any
unexecuted warrant must be returned to the magistrate by whom it was issued and
must be cancelled.
2. The peace officer executing a warrant
by issuance of a citation pursuant to subsection 2 of NRS
171.122 shall:
(a) Record on the warrant the number assigned to
the citation issued thereon;
(b) Attach the warrant to the citation issued
thereon; and
(c) Return the warrant and citation to the
magistrate before whom the defendant is scheduled to appear.
3. On or before the return day the person
to whom a summons was delivered for service shall make return thereof to the
magistrate before whom the summons is returnable.
4. At the request of the district attorney
made at any time while the complaint is pending, a warrant returned unexecuted
and not cancelled or a summons returned unserved or a duplicate thereof may be
delivered by the magistrate to a peace officer for execution or service.
(Added to NRS by 1967, 1403; A 1993, 144)
NRS 171.153 Right of person arrested to make telephone calls.
1. Any person arrested has the right to
make a reasonable number of completed telephone calls from the police station
or other place at which the person is booked immediately after the person is
booked and, except where physically impossible, no later than 3 hours after the
arrest. Such telephone calls may be limited to local calls, except that long
distance calls may be made by the arrested person at his or her own expense.
2. A reasonable number of calls must
include one completed call to a friend or bail agent and one completed call to
an attorney.
(Added to NRS by 1973, 724; A 1997, 3393)
NRS 171.1536 Arrest of person with communications disability: Interpreter to
be made available. Upon the arrest
of a person with a communications disability as defined in NRS 50.050, and before any interrogation
or the taking of a statement, the peace officer in actual charge of the
station, headquarters or other facility to which the person with a
communications disability has been brought shall make an interpreter available
at public expense to that person in accordance with the provisions of NRS 50.050 to 50.053, inclusive.
(Added to NRS by 1975, 309; A 1979, 657; 2001, 1776; 2007, 170)
NRS 171.1537 Arrest of person with disability: Right to communicate by mail
or telephone. When a person with a
disability is detained in custody, the detaining authority shall make available
a reasonable means of communication, at least pencil and paper, and at least
two envelopes and first-class postage stamps. If the person with a disability
so requests, the proper officer of the detaining authority shall make on the
person’s behalf the same number and kind of telephone calls which a person
arrested is authorized by law or custom to make and shall mail any letters
written by that person.
(Added to NRS by 1975, 309; A 2001, 1776)
NRS 171.1538 Arrest of person with communications disability: Waiver of right
to interpretation or communication.
1. The rights to interpretation and
communication provided in NRS 171.1536 and 171.1537 may not be waived except knowingly and
voluntarily by the person with a communications disability by a written
statement indicating a desire not to be so assisted. At any time after arrest
but before the termination of any custody, the person may retract a waiver by
indicating a desire to be so assisted.
2. Unless there is a waiver under this
section, there must be no interrogation or taking of the statement of a person
with a communications disability without the assistance of an interpreter in
accordance with the provisions of NRS
50.050 to 50.053, inclusive.
(Added to NRS by 1975, 309; A 2001, 1776; 2007, 170)
INTERSTATE FRESH PURSUIT (UNIFORM ACT)
NRS 171.154 Short title. NRS 171.154 to 171.164,
inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit.
(Added to NRS by 1967, 1403)
NRS 171.156 Definitions. As
used in NRS 171.154 to 171.164,
inclusive, unless the context or subject matter otherwise requires:
1. “Fresh pursuit” includes fresh pursuit
as defined by the common law and also the pursuit of a person who has committed
a felony or who is reasonably suspected of having committed a felony. It shall
also include the pursuit of a person suspected of having committed a supposed
felony, though no felony has actually been committed, if there is reasonable
ground for believing that a felony has been committed. Fresh pursuit as used in
NRS 171.154 to 171.164,
inclusive, shall not necessarily imply instant pursuit, but pursuit without
unreasonable delay.
2. “State” includes the District of
Columbia for the purpose of NRS 171.154 to 171.164, inclusive.
(Added to NRS by 1967, 1403)
NRS 171.158 Arrests within this State by foreign officers; hearing before
magistrate.
1. Any member of a duly organized state,
county or municipal peace unit of another state of the United States who enters
this State in fresh pursuit, and continues within this State in fresh pursuit,
of a person in order to arrest the person on the ground that the person is
believed to have committed a felony in the other state, shall have the same authority
to arrest and hold such person in custody, as has any member of any duly
organized state, county or municipal peace unit of this State, to arrest and
hold in custody a person on the ground that the person is believed to have
committed a felony in this State.
2. The officer of another state making an
arrest within this State shall take the person arrested before a magistrate of
the county in which the arrest was made, without unnecessary delay. The
magistrate shall conduct a hearing for the purpose of determining the
lawfulness of the arrest. If the magistrate determines that the arrest was
lawful, the magistrate shall commit the person arrested to await for a
reasonable time the issuance of an extradition warrant by the Governor of this
State or admit the person to bail for such purpose. If the magistrate
determines the arrest was unlawful the magistrate shall discharge the person
arrested.
3. This section shall not be construed so
as to make unlawful any arrest in this State which would otherwise be lawful.
(Added to NRS by 1967, 1403)
NRS 171.162 Duty of Secretary of State. On
March 4, 1955, the Secretary of State shall certify a copy of NRS 171.154 to 171.164,
inclusive, to the executive department of each of the states of the United
States.
(Added to NRS by 1967, 1404)
NRS 171.164 Severability. If
any part of NRS 171.154 to 171.164,
inclusive, is for any reason declared void, it is declared to be the intent of NRS 171.154 to 171.164,
inclusive, that such invalidity shall not affect the validity of the remaining
portions of those sections.
(Added to NRS by 1967, 1404)
INTRASTATE FRESH PURSUIT (UNIFORM ACT)
NRS 171.166 Short title. NRS 171.166 to 171.176,
inclusive, may be cited as the Uniform Act on Intrastate Fresh Pursuit.
(Added to NRS by 1967, 1404)
NRS 171.168 Definitions. “Fresh
pursuit” as used in NRS 171.166 to 171.176, inclusive, shall include fresh pursuit as
defined by the common law and also the pursuit of a person who has committed a
felony or is reasonably suspected of having committed a felony in this state,
or who has committed or attempted to commit any criminal offense in this state
in the presence of the arresting officer referred to in NRS
171.172 or for whom such officer holds a warrant of arrest for a criminal
offense. It shall also include the pursuit of a person suspected of having
committed a supposed felony in this state, though no felony has actually been
committed, if there is reasonable ground for so believing. Fresh pursuit as
used in NRS 171.166 to 171.176,
inclusive, shall not necessarily imply instant pursuit, but pursuit without
unreasonable delay.
(Added to NRS by 1967, 1404)
NRS 171.172 When officer may arrest. Any
peace officer of this state in fresh pursuit of a person who is reasonably
believed by the peace officer to have committed a felony in this state or has
committed, or attempted to commit, any criminal offense in this state in the
presence of such officer, or for whom such officer holds a warrant of arrest,
may hold in custody such person anywhere in this state.
(Added to NRS by 1967, 1404)
NRS 171.174 Procedure after arrest. If
such an arrest is made in obedience to a warrant, the disposition of the
prisoner shall be as in other cases of arrest under a warrant. If the arrest is
without a warrant, the prisoner shall without unnecessary delay be taken before
a municipal court or a justice of the peace or other magistrate of the county
wherein such an arrest was made, and such court shall admit such person to
bail, if the offense is bailable, by taking security by way of recognizance for
the appearance of such prisoner before the court having jurisdiction of such
criminal offense.
(Added to NRS by 1967, 1404)
NRS 171.176 Limitation. NRS 171.172 shall not make unlawful an arrest which
would otherwise be lawful.
(Added to NRS by 1967, 1404)
CITATION FOR MISDEMEANOR
NRS 171.177 When person detained must be taken before magistrate. Except as otherwise provided in NRS 171.122 and 171.178,
whenever any person is detained by a peace officer for any violation of a
county, city or town ordinance or a state law which is punishable as a
misdemeanor, the person must be taken without unnecessary delay before the
proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases:
1. When the person demands an immediate
appearance before a magistrate;
2. When the person is detained pursuant to
a warrant for the person’s arrest;
3. When the person is arrested by a peace
officer; or
4. In any other event when the person is
issued a misdemeanor citation by an authorized person and refuses to give a
written promise to appear in court as provided in NRS
171.1773.
(Added to NRS by 1973, 156; A 1975, 1200; 1993, 144)
NRS 171.1771 Issuance of citation when person detained by peace officer. Whenever any person is detained by a peace
officer for any violation of a county, city or town ordinance or a state law
which is punishable as a misdemeanor and the person is not required to be taken
before a magistrate, the person shall, in the discretion of the peace officer,
either be given a misdemeanor citation, or be taken without unnecessary delay
before the proper magistrate. Any such person shall be taken before the
magistrate when the person does not furnish satisfactory evidence of identity
or when the peace officer has reasonable and probable grounds to believe the
person will disregard a written promise to appear in court.
(Added to NRS by 1973, 156)
NRS 171.1772 Issuance of citation after arrest by private person. Whenever any person is arrested by a private
person, as provided in NRS 171.126, for any
violation of a county, city or town ordinance or state law which is punishable
as a misdemeanor, such person arrested may be issued a misdemeanor citation by
a peace officer in lieu of being immediately taken before a magistrate by the
peace officer if:
1. The person arrested furnishes
satisfactory evidence of identity; and
2. The peace officer has reasonable
grounds to believe that the person arrested will keep a written promise to
appear in court.
(Added to NRS by 1973, 1157; A 1975, 1201; 2001, 2023)
NRS 171.1773 Form and contents of citation: When person detained by peace
officer.
1. Whenever a person is detained by a peace
officer for any violation of a county, city or town ordinance or a state law
which is punishable as a misdemeanor and the person is not taken before a
magistrate as required or permitted by NRS 171.177,
171.1771 or 171.1772,
the peace officer may prepare a misdemeanor citation manually or electronically
in the form of a complaint issuing in the name of “The State of Nevada” or in
the name of the respective county, city or town, containing a notice to appear
in court, the name and address of the person, the state registration number of
the person’s vehicle, if any, the offense charged, including a brief
description of the offense and the NRS or ordinance citation, the time when and
place where the person is required to appear in court, and such other pertinent
information as may be necessary. The citation must be signed by the peace
officer. If the citation is prepared electronically, the officer shall sign the
copy of the citation that is delivered to the person charged with the
violation.
2. The time specified in the notice to
appear must be at least 5 days after the alleged violation unless the person
charged with the violation demands an earlier hearing.
3. The place specified in the notice must
be before a magistrate, as designated in NRS 171.178
and 171.184.
4. The person charged with the violation
may give a written promise to appear in court by signing at least one copy of
the misdemeanor citation prepared by the peace officer, in which event the
peace officer shall deliver a copy of the citation to the person, and thereupon
the peace officer shall not take the person into physical custody for the
violation. If the citation is prepared electronically, the officer shall deliver
the signed copy of the citation to the person and shall indicate on the
electronic record of the citation whether the person charged gave a written
promise to appear. A copy of the citation that is signed by the person charged
or the electronic record of the citation which indicates that the person
charged gave a written promise to appear suffices as proof of service.
(Added to NRS by 1973, 156; A 1991, 16; 1999, 1141)
NRS 171.1774 Form and contents of citation: When issued after arrest by
private person.
1. In those instances described in NRS 171.1772, the peace officer summoned after the
arrest shall prepare a misdemeanor citation manually or electronically in the
form of a complaint issuing in the name of “The State of Nevada” or in the name
of the respective county, city or town, and containing:
(a) A notice to appear in court;
(b) The name and address of the person;
(c) The state registration number of the person’s
vehicle, if any;
(d) The offense charged, including a brief
description of the offense and the NRS or ordinance citation;
(e) The time when and place where the person is
required to appear in court;
(f) Such other pertinent information as may be
necessary; and
(g) The signatures of the private person making
the arrest and the peace officer preparing the citation.
2. The time specified in the notice to
appear must be at least 5 days after the alleged violation unless the person
charged with the violation demands an earlier hearing.
3. The place specified in the notice must
be before a magistrate, as designated in NRS 171.178
and 171.184.
4. The person charged with the violation
may give a written promise to appear in court by signing at least one copy of
the misdemeanor citation prepared by the peace officer, in which event the
peace officer shall deliver a copy of the citation to the person, and thereupon
the peace officer shall not take the person into physical custody for the
violation. If the citation is prepared electronically, the officer shall
deliver the signed copy of the citation to the person and shall indicate on the
electronic record of the citation whether the person charged gave a written
promise to appear. A copy of the citation that is signed by the person charged
or the electronic record of the citation which indicates that the person
charged gave a written promise to appear suffices as proof of service.
(Added to NRS by 1973, 1157; A 1991, 16; 1999, 1142)
NRS 171.1775 Preparation of citations: Use of citation book or electronic
device; maintenance of records relating to citation book or electronic device.
1. Every county, city or town law
enforcement agency in this state shall provide in appropriate form misdemeanor
citations containing notices to appear which must meet the requirements of NRS 171.177 to 171.1779,
inclusive, and be:
(a) Issued in books; or
(b) Available through an electronic device used
to prepare the citations.
2. The chief administrative officer of
each law enforcement agency is responsible for the issuance of such books and
electronic devices and shall maintain a record of each book, each electronic
device and each citation contained therein issued to individual members of the
law enforcement agency. The chief administrative officer shall require and
retain a receipt for every book and electronic device that is issued.
(Added to NRS by 1973, 157, 1158; A 1991, 17; 1999, 1143)
NRS 171.17751 Designation of certain state, county and city officers to
prepare, sign and serve citations.
1. Any board of county commissioners or
governing body of a city may designate the chief officer of the organized fire
department or any employees designated by the chief officer, and certain of its
inspectors of solid waste management, building, housing and licensing
inspectors, zoning enforcement officers, parking enforcement officers, animal
control officers, traffic engineers, marshals and park rangers of units of
specialized law enforcement established pursuant to NRS 280.125, and other persons charged
with the enforcement of county or city ordinances, to prepare, sign and serve
written citations on persons accused of violating a county or city ordinance.
2. The Chief Medical Officer and the
health officer of each county, district and city may designate certain
employees to prepare, sign and serve written citations on persons accused of
violating any law, ordinance or regulation of a board of health that relates to
public health.
3. The Chief of the Manufactured Housing
Division of the Department of Business and Industry may designate certain
employees to prepare, sign and serve written citations on persons accused of
violating any law or regulation of the Division relating to the provisions of chapters 118B, 461,
461A and 489
of NRS.
4. The State Contractors’ Board may
designate certain of its employees to prepare, sign and serve written citations
on persons pursuant to subsection 2 of NRS
624.115.
5. An employee designated pursuant to this
section:
(a) May exercise the authority to prepare, sign
and serve citations only within the field of enforcement in which the employee
works;
(b) May, if employed by a city or county,
prepare, sign and serve a citation only to enforce an ordinance of the city or
county by which the employee is employed; and
(c) Shall comply with the provisions of NRS 171.1773.
(Added to NRS by 1979, 871; A 1981, 564, 858; 1987, 377; 1989, 279; 1993, 81, 1330, 1511, 2515; 1995, 583; 1999, 2966; 2005, 1382)
NRS 171.1776 Issued citations: Filing with court; disposition of charges by
court; unlawful acts; maintenance of records.
1. Every peace officer upon issuing a
misdemeanor citation, pursuant to NRS 171.177 to 171.1779, inclusive, to an alleged violator of any
provision of a county, city or town ordinance or of a state law which is
punishable as a misdemeanor shall file manually or, if the provisions of
subsection 2 are satisfied, file electronically the original or a copy of such
misdemeanor citation with a court having jurisdiction over the alleged offense.
2. A copy of a misdemeanor citation that
is prepared electronically may be filed electronically with a court having
jurisdiction over the alleged offense if the court:
(a) Authorizes such electronic filing;
(b) Has the ability to receive and store the
citation electronically; and
(c) Has the ability to physically reproduce the
citation upon request.
3. Upon the filing of the original or a
copy of such misdemeanor citation with a court having jurisdiction over the
alleged offense, such original or copy of such misdemeanor citation may be
disposed of only by trial in such court or other official action by a judge of
such court.
4. It is unlawful and official misconduct
for any peace officer or other officer or public employee to dispose of a
misdemeanor citation or copies thereof or of the record of the issuance of a
misdemeanor citation in a manner other than as required in this section.
5. The chief administrative officer of
every county, city or town law enforcement agency shall require the return of a
physical copy or electronic record of every misdemeanor citation issued by an
officer under the chief administrative officer’s supervision to an alleged
misdemeanant and of all physical copies or electronic records of every
misdemeanor citation which has been spoiled or upon which any entry has been
made and not issued to an alleged misdemeanant.
6. Such chief administrative officer shall
also maintain or cause to be maintained in connection with every misdemeanor
citation issued by an officer under the chief administrative officer’s
supervision a record of the disposition of the charge by the court in which the
original or copy of the misdemeanor citation was filed.
(Added to NRS by 1973, 157, 1158; A 1999, 1143)
NRS 171.1777 Issued citations: Audit of records. Every
record of misdemeanor citations required by NRS 171.177
to 171.1779, inclusive, shall be audited at least
semiannually by the appropriate fiscal officer of the governmental agency to
which the law enforcement agency is responsible.
(Added to NRS by 1973, 158, 1159)
NRS 171.1778 Citation filed with court deemed complaint for purpose of
prosecution. If the form of
citation:
1. Includes information whose truthfulness
is attested as required for a complaint charging commission of the offense
alleged in the citation to have been committed; or
2. Is prepared electronically,
Ê then the
citation when filed with a court of competent jurisdiction shall be deemed to
be a lawful complaint for the purpose of prosecution.
(Added to NRS by 1973, 158, 1159; A 1983, 446; 1999, 1144)
NRS 171.17785 Effect of violation of written promise to appear; appearance by
counsel in lieu of personal appearance authorized.
1. It is unlawful for a person to violate
a written promise to appear given to a peace officer upon the issuance of a
misdemeanor citation prepared manually or electronically, regardless of the
disposition of the charge for which the citation was originally issued.
2. A person may comply with a written
promise to appear in court by an appearance by counsel.
3. A warrant may issue upon a violation of
a written promise to appear.
(Added to NRS by 1999, 1141)
NRS 171.1779 NRS
171.177 to 171.1779, inclusive, not applicable
to violations of traffic laws. The
provisions of NRS 171.177 to 171.1779, inclusive, do not apply to those situations
in which a person is detained by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS.
(Added to NRS by 1973, 158, 1159)
PROCEEDINGS BEFORE MAGISTRATE
NRS 171.178 Appearance before magistrate; release from custody by arresting
officer.
1. Except as otherwise provided in
subsections 5 and 6, a peace officer making an arrest under a warrant issued
upon a complaint or without a warrant shall take the arrested person without
unnecessary delay before the magistrate who issued the warrant or the nearest
available magistrate empowered to commit persons charged with offenses against
the laws of the State of Nevada.
2. A private person making an arrest
without a warrant shall deliver the arrested person without unnecessary delay
to a peace officer. Except as otherwise provided in subsections 5 and 6 and NRS 171.1772, the peace officer shall take the
arrested person without unnecessary delay before the nearest available
magistrate empowered to commit persons charged with offenses against the laws
of the State of Nevada.
3. If an arrested person is not brought
before a magistrate within 72 hours after arrest, excluding nonjudicial days, the
magistrate:
(a) Shall give the prosecuting attorney an
opportunity to explain the circumstances leading to the delay; and
(b) May release the arrested person if the
magistrate determines that the person was not brought before a magistrate
without unnecessary delay.
4. When a person arrested without a
warrant is brought before a magistrate, a complaint must be filed forthwith.
5. Except as otherwise provided in NRS 178.484 and 178.487, where the defendant can be
admitted to bail without appearing personally before a magistrate, the
defendant must be so admitted with the least possible delay, and required to
appear before a magistrate at the earliest convenient time thereafter.
6. A peace officer may immediately release
from custody without any further proceedings any person the peace officer
arrests without a warrant if the peace officer is satisfied that there are insufficient
grounds for issuing a criminal complaint against the person arrested. Any
record of the arrest of a person released pursuant to this subsection must also
include a record of the release. A person so released shall be deemed not to
have been arrested but only detained.
(Added to NRS by 1967, 1404; A 1971, 574; 1975, 1201;
1979, 323, 1190; 1997, 3356; 2001, 2023)
NRS 171.182 Proceedings before another magistrate. If
the defendant is brought before a magistrate in the same county, other than the
one who issued the warrant, the affidavits and depositions on which the warrant
was granted, if the defendant insists upon an examination, must be sent to that
magistrate, or, if they cannot be procured, the prosecutor and the prosecutor’s
witnesses must be summoned to give their testimony anew.
(Added to NRS by 1967, 1405)
NRS 171.184 Proceedings upon complaint for offenses triable in another
county.
1. When a complaint is laid before a
magistrate of the commission of a public offense triable in another county of
the State, but showing that the defendant is in the county where the complaint
is laid, the same proceedings must be had as prescribed in this chapter except
that the warrant must require the defendant to be taken before the nearest or
most accessible magistrate of the county in which the offense is triable, and
the depositions of the complainant or prosecutor, and of the witnesses who may
have been produced, must be delivered by the magistrate to the officer to whom
the warrant is delivered.
2. The officer who executed the warrant
must take the defendant before the nearest or most accessible magistrate of the
county in which the offense is triable, and must deliver the depositions and
the warrant, with the officer’s return endorsed thereon, and the magistrate
must then proceed in the same manner as upon a warrant issued by the
magistrate.
3. If the offense charged in the warrant
issued pursuant to subsection 1 is a misdemeanor, the officer must, upon being
required by the defendant, take the defendant before a magistrate of the county
in which the warrant was issued, who must admit the defendant to bail, and
immediately transmit the warrant, depositions and undertaking to the justice of
the peace or clerk of the court in which the defendant is required to appear.
(Added to NRS by 1967, 1405)
NRS 171.1845 Proceedings upon discovery of another arrest warrant outstanding
in another county.
1. If a person is brought before a
magistrate under the provisions of NRS 171.178 or 171.184, and it is discovered that there is a warrant
for the person’s arrest outstanding in another county of this State, the
magistrate may release the person in accordance with the provisions of NRS 178.484 or 178.4851 if:
(a) The warrant arises out of a public offense
which constitutes a misdemeanor; and
(b) The person provides a suitable address where
the magistrate who issued the warrant in the other county can notify the person
of a time and place to appear.
2. If a person is released under the
provisions of this section, the magistrate who releases the person shall
transmit the cash, bond, notes or agreement submitted under the provisions of NRS 178.502 or 178.4851, together with the person’s
address, to the magistrate who issued the warrant. Upon receipt of the cash,
bonds, notes or agreement and address, the magistrate who issued the warrant
shall notify the person of a time and place to appear.
3. Any bail set under the provisions of
this section must be in addition to and apart from any bail set for any public
offense with which a person is charged in the county in which a magistrate is
setting bail. In setting bail under the provisions of this section, a
magistrate shall set the bail in an amount which is sufficient to induce a
reasonable person to travel to the county in which the warrant for the arrest
is outstanding.
4. A person who fails to appear in the
other county as ordered is guilty of failing to appear and shall be punished as
provided in NRS 199.335. A sentence of
imprisonment imposed for failing to appear in violation of this section must be
imposed consecutively to a sentence of imprisonment for the offense out of
which the warrant arises.
(Added to NRS by 1973, 612; A 1981, 1583; 1999, 1844)
NRS 171.186 Rights of defendant before preliminary examination. The magistrate or master shall inform the
defendant of the complaint and of any affidavit filed therewith, of the right
to retain counsel, of the right to request the assignment of counsel if the
defendant is unable to obtain counsel, and of the right to have a preliminary
examination. The magistrate or master shall also inform the defendant that the
defendant is not required to make a statement and that any statement made may
be used against him or her. The magistrate shall allow the defendant reasonable
time and opportunity to consult counsel, and shall admit the defendant to bail
as provided in this title.
(Added to NRS by 1967, 1405; A 1977, 1571)
NRS 171.188 Procedure for appointment of attorney for indigent defendant.
1. Any defendant charged with a public
offense who is an indigent may, by oral statement to the district judge,
justice of the peace, municipal judge or master, request the appointment of an
attorney to represent the defendant.
2. The request must be accompanied by the
defendant’s affidavit, which must state:
(a) That the defendant is without means of
employing an attorney; and
(b) Facts with some particularity, definiteness
and certainty concerning the defendant’s financial disability.
3. The district judge, justice of the
peace, municipal judge or master shall forthwith consider the application and
shall make such further inquiry as he or she considers necessary. If the
district judge, justice of the peace, municipal judge or master:
(a) Finds that the defendant is without means of
employing an attorney; and
(b) Otherwise determines that representation is
required,
Ê the judge,
justice or master shall designate the public defender of the county or the
State Public Defender, as appropriate, to represent the defendant. If the
appropriate public defender is unable to represent the defendant, or other good
cause appears, another attorney must be appointed.
4. The county or State Public Defender
must be reimbursed by the city for costs incurred in appearing in municipal
court. The county shall reimburse the State Public Defender for costs incurred
in appearing in Justice Court. If a private attorney is appointed as provided
in this section, the private attorney must be reimbursed by the county for
appearance in Justice Court or the city for appearance in municipal court in an
amount not to exceed $75 per case.
(Added to NRS by 1967, 1405; A 1969, 478; 1971, 1412;
1973, 357; 1977,
1571; 1983,
901)
NRS 171.192 Certification of bail; discharge of defendant. On admitting the defendant to bail, the
magistrate shall certify on the warrant the fact of having done so, and deliver
the warrant and recognizance to the officer having charge of the defendant. The
officer shall forthwith discharge the defendant from arrest, and shall, without
delay, deliver the warrant and recognizance to the justice of the peace,
magistrate or clerk of the court at which the defendant is required to appear.
(Added to NRS by 1967, 1406)
NRS 171.194 Procedure when arrest for capital offense. The defendant, when arrested under a warrant
for a capital offense, must be held in custody by the sheriff of the county in
which the complaint is filed, unless admitted to bail after an examination or
upon a writ of habeas corpus.
(Added to NRS by 1967, 1406)
NRS 171.196 Preliminary examination: Waiver; time for conducting;
postponement; introduction of evidence and cross-examination of witnesses by
defendant.
1. If an offense is not triable in the
Justice Court, the defendant must not be called upon to plead. If the defendant
waives preliminary examination, the magistrate shall immediately hold the
defendant to answer in the district court.
2. If the defendant does not waive
examination, the magistrate shall hear the evidence within 15 days, unless for
good cause shown the magistrate extends such time. Unless the defendant waives
counsel, reasonable time must be allowed for counsel to appear.
3. Except as otherwise provided in this
subsection, if the magistrate postpones the examination at the request of a
party, the magistrate may order that party to pay all or part of the costs and
fees expended to have a witness attend the examination. The magistrate shall
not require a party who requested the postponement of the examination to pay
for the costs and fees of a witness if:
(a) It was not reasonably necessary for the
witness to attend the examination; or
(b) The magistrate ordered the extension pursuant
to subsection 4.
4. If application is made for the
appointment of counsel for an indigent defendant, the magistrate shall postpone
the examination until:
(a) The application has been granted or denied;
and
(b) If the application is granted, the attorney
appointed or the public defender has had reasonable time to appear.
5. The defendant may cross-examine
witnesses against him or her and may introduce evidence in his or her own
behalf.
(Added to NRS by 1967, 1406; A 1971, 159; 1997, 116)
NRS 171.1965 Discovery by defendant before preliminary examination; material
subject to discovery; effect of failure to permit discovery.
1. At the time a person is brought before
a magistrate pursuant to NRS 171.178, or as soon as
practicable thereafter, but not less than 5 judicial days before a preliminary
examination, the prosecuting attorney shall provide a defendant charged with a
felony or a gross misdemeanor with copies of any:
(a) Written or recorded statements or confessions
made by the defendant, or any written or recorded statements made by a witness
or witnesses, or any reports of statements or confessions, or copies thereof,
within the possession or custody of the prosecuting attorney;
(b) Results or reports of physical or mental
examinations, scientific tests or scientific experiments made in connection
with the particular case, or copies thereof, within the possession or custody
of the prosecuting attorney; and
(c) Books, papers, documents or tangible objects
that the prosecuting attorney intends to introduce in evidence during the case
in chief of the State, or copies thereof, within the possession or custody of
the prosecuting attorney.
2. The defendant is not entitled, pursuant
to the provisions of this section, to the discovery or inspection of:
(a) An internal report, document or memorandum
that is prepared by or on behalf of the prosecuting attorney in connection with
the investigation or prosecution of the case.
(b) A statement, report, book, paper, document,
tangible object or any other type of item or information that is privileged or
protected from disclosure or inspection pursuant to the Constitution or laws of
this State or the Constitution of the United States.
3. The provisions of this section are not
intended to affect any obligation placed upon the prosecuting attorney by the
Constitution of this State or the Constitution of the United States to disclose
exculpatory evidence to the defendant.
4. The magistrate shall not postpone a
preliminary examination at the request of a party based solely on the failure
of the prosecuting attorney to permit the defendant to inspect, copy or
photograph material as required in this section, unless the court finds that
the defendant has been prejudiced by such failure.
(Added to NRS by 1997, 2364; A 2009, 486)
NRS 171.197 Use of affidavit at preliminary examination: When permitted;
notice by district attorney; circumstances under which district attorney must
produce person who signed affidavit; continuances.
1. If a witness resides outside this State
or more than 100 miles from the place of a preliminary examination, the
witness’s affidavit may be used at the preliminary examination if it is
necessary for the district attorney to establish as an element of any offense
that:
(a) The witness was the owner, possessor or
occupant of real or personal property; and
(b) The defendant did not have the permission of
the witness to enter, occupy, possess or control the real or personal property
of the witness.
2. If a financial institution does not maintain
any principal or branch office within this State or if a financial institution
that maintains a principal or branch office within this State does not maintain
any such office within 100 miles of the place of a preliminary examination, the
affidavit of a custodian of the records of the financial institution or the
affidavit of any other qualified person of the financial institution may be
used at the preliminary examination if it is necessary for the district
attorney to establish as an element of any offense that:
(a) When a check or draft naming the financial
institution as drawee was drawn or passed, the account or purported account
upon which the check or draft was drawn did not exist, was closed or held
insufficient money, property or credit to pay the check or draft in full upon
its presentation; or
(b) When a check or draft naming the financial
institution as drawee was presented for payment to the financial institution,
the account or purported account upon which the check or draft was drawn did
not exist, was closed or held insufficient money, property or credit to pay the
check or draft in full.
3. The district attorney shall provide
either written or oral notice to the defendant, not less than 10 days before
the scheduled preliminary examination, that the district attorney intends to
use an affidavit described in this section at the preliminary examination.
4. If, at or before the time of the
preliminary examination, the defendant establishes that:
(a) There is a substantial and bona fide dispute
as to the facts in an affidavit described in this section; and
(b) It is in the best interests of justice that
the person who signed the affidavit be cross-examined,
Ê the
magistrate may order the district attorney to produce the person who signed the
affidavit and may continue the examination for any time it deems reasonably
necessary in order to receive such testimony.
(Added to NRS by 1993, 548; A 1999, 163)
NRS 171.1975 Use of audiovisual technology to present live testimony at
preliminary examination: When permitted; notice by requesting party;
opportunity to object; requirements for taking and preserving testimony;
limitations on subsequent use.
1. If a witness resides more than 500
miles from the place of a preliminary examination or is unable to attend the
preliminary examination because of a medical condition, a party may, not later
than 14 days before the preliminary examination, file a request that the
magistrate allow the witness to testify at the preliminary examination through
the use of audiovisual technology. A party who requests that the magistrate
allow a witness to testify through the use of audiovisual technology shall
provide written notice of the request to the opposing party at or before the
time of filing the request.
2. Not later than 7 days after receiving
notice of a request that the magistrate allow a witness to testify at the
preliminary examination through the use of audiovisual technology, the opposing
party may file an objection to the request. If the opposing party fails to file
a timely objection to the request, the opposing party shall be deemed to have
consented to the granting of the request.
3. Regardless of whether or not the
opposing party files an objection to a request that the magistrate allow a
witness to testify at the preliminary examination through the use of
audiovisual technology, the magistrate may allow the witness to testify at the
preliminary examination through the use of audiovisual technology only if the
magistrate finds that good cause exists to grant the request based upon the
specific facts and circumstances of the case.
4. If the magistrate allows a witness to
testify at the preliminary examination through the use of audiovisual
technology:
(a) The testimony of the witness must be:
(1) Taken by a certified videographer who
is in the physical presence of the witness. The certified videographer shall
sign a written declaration, on a form provided by the magistrate, which states
that the witness does not have in his or her possession any notes or other
materials to assist in the witness’s testimony.
(2) Recorded and preserved through the use
of a videotape or other means of audiovisual recording technology.
(3) Transcribed by a certified court
reporter.
(b) Before giving testimony, the witness must be
sworn and must sign a written declaration, on a form provided by the
magistrate, which acknowledges that the witness understands that he or she is
subject to the jurisdiction of the courts of this state and may be subject to
criminal prosecution for the commission of any crime in connection with his or
her testimony, including, without limitation, perjury, and that the witness
consents to such jurisdiction.
(c) During the preliminary examination, the
witness must not be asked to identify the defendant, but the witness may be
asked to testify regarding the facts and circumstances surrounding any previous
identification of the defendant.
(d) The original recorded testimony of the
witness must be filed with the district court, and copies of the recorded
testimony of the witness must be provided to each party.
(e) The testimony of the witness may not be used
by any party upon the trial of the cause or in any proceeding therein in lieu
of the direct testimony of the witness, but the court may allow the testimony
of the witness to be used for any other lawful purpose.
5. Audiovisual technology used pursuant to
this section must ensure that the witness may be:
(a) Clearly heard and seen; and
(b) Examined and cross-examined.
6. As used in this section, “audiovisual
technology” includes, without limitation, closed-circuit video and
videoconferencing.
(Added to NRS by 2001, 543)
NRS 171.198 Reporting testimony of witnesses.
1. Except as otherwise provided in
subsection 2, a magistrate shall employ a certified court reporter to take down
all the testimony and the proceedings on the hearing or examination and, within
such time as the court may designate, have such testimony and proceedings
transcribed into typewritten transcript.
2. A magistrate who presides over a
preliminary hearing in a justice court, in any case other than in a case in which
the death penalty is sought, may employ a certified court reporter to take down
all the testimony and the proceedings on the hearing or appoint a person to use
sound recording equipment to record all the testimony and the proceedings on
the hearing. If the magistrate appoints a person to use sound recording
equipment to record the testimony and proceedings on the hearing, the testimony
and proceedings must be recorded and transcribed in the same manner as set
forth in NRS 4.390 to 4.420, inclusive. Any transcript of the
testimony and proceedings produced from a recording conducted pursuant to this
subsection is subject to the provisions of this section in the same manner as a
transcript produced by a certified court reporter.
3. When the testimony of each witness is
all taken and transcribed by the reporter, the reporter shall certify to the
transcript in the same manner as for a transcript of testimony in the district
court, which certificate authenticates the transcript for all purposes of this
title.
4. Before the date set for trial, either
party may move the court before which the case is pending to add to, delete from
or otherwise correct the transcript to conform with the testimony as given and
to settle the transcript so altered.
5. The compensation for the services of a
reporter employed as provided in this section are the same as provided in NRS 3.370, to be paid out of the county
treasury as other claims against the county are allowed and paid.
6. Testimony reduced to writing and
authenticated according to the provisions of this section must be filed by the
examining magistrate with the clerk of the district court of the magistrate’s
county, and if the prisoner is subsequently examined upon a writ of habeas
corpus, such testimony must be considered as given before such judge or court.
A copy of the transcript must be furnished to the defendant and to the district
attorney.
7. The testimony so taken may be used:
(a) By the defendant; or
(b) By the State if the defendant was represented
by counsel or affirmatively waived his or her right to counsel,
Ê upon the
trial of the cause, and in all proceedings therein, when the witness is sick,
out of the State, dead, or persistent in refusing to testify despite an order
of the judge to do so, or when the witness’s personal attendance cannot be had
in court.
(Added to NRS by 1967, 1406; A 1973, 1322; 1987, 911; 1989, 1272; 1993, 75, 1411, 2024; 1995, 570; 2009, 633)
NRS 171.202 District attorney to prosecute at preliminary examination where
felony or gross misdemeanor charged. The
district attorney of the proper county shall be present at and conduct the
prosecution in all preliminary examinations where a felony or gross misdemeanor
is charged.
(Added to NRS by 1967, 1407)
NRS 171.204 Exclusion of persons; exceptions.
1. Except as otherwise provided in
subsection 2, the magistrate may, if good cause is shown and upon the request
of any party or on the magistrate’s own motion, exclude from the examination
every person except:
(a) The magistrate’s clerk;
(b) The Attorney General;
(c) The prosecuting attorney;
(d) An investigating officer, after the
investigating officer has testified as a prosecuting witness and the
investigating officer’s cross-examination has been completed;
(e) Any counsel for the victim;
(f) The victim, after the victim has testified as
a prosecuting witness and the victim’s cross-examination has been completed;
(g) The defendant and the defendant’s counsel;
(h) The witness who is testifying;
(i) The officer having the defendant or a witness
in the officer’s custody;
(j) An attendant to a witness designated pursuant
to NRS 178.571; and
(k) Any other person whose presence is found by
the magistrate to be necessary for the proper conduct of the examination.
2. A person who is called as a witness
primarily for the purpose of identifying the victim may not be excluded from
the examination except in the discretion of the magistrate.
3. As used in this section, “victim”
includes any person described in NRS
178.569.
(Added to NRS by 1967, 1407; A 1969, 628; 1983, 891; 1995, 72, 996; 1997, 72, 513)
NRS 171.206 Procedure following preliminary examination. If from the evidence it appears to the
magistrate that there is probable cause to believe that an offense has been
committed and that the defendant has committed it, the magistrate shall
forthwith hold the defendant to answer in the district court; otherwise the
magistrate shall discharge the defendant. The magistrate shall admit the
defendant to bail as provided in this title. After concluding the proceeding
the magistrate shall transmit forthwith to the clerk of the district court all
papers in the proceeding and any bail.
(Added to NRS by 1967, 1407)
NRS 171.208 Remand for preliminary examination. If
a preliminary examination has not been had and the defendant has not
unconditionally waived the examination, the district court may for good cause
shown at any time before a plea has been entered or an indictment found remand
the defendant for preliminary examination to the appropriate justice of the
peace or other magistrate, and the justice or other magistrate shall then
proceed with the preliminary examination as provided in this chapter.
(Added to NRS by 1967, 1407; A 1987, 1188)
