reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.082 - No limitation for sexual assault if identity of accused person is established by conducting genetic marker analysis of biological specimen and obtaining DNA profile.

1. If the identity of a person who is accused of committing a sexual assault is established by conducting a genetic marker analysis of a biological specimen and obtaining a DNA profile, the period of limitation prescribed in NRS 171.085 is removed and there is no limitation of the time within which a prosecution for the sexual assault must be commenced.
2. As used in this section:
(a) "Biological specimen" has the meaning ascribed to it in NRS 176.09112.
(b) "DNA profile" has the meaning ascribed to it in NRS 176.09115.
(c) "Genetic marker analysis" has the meaning ascribed to it in NRS 176.09118.
(Added to NRS by 2019, 1498)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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. Except as otherwise provided in NRS 171.080, 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; 2019, 464)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.085 - Limitations for felonies.

Except as otherwise provided in NRS 171.080 to 171.084, inclusive, and 171.095, an indictment for:
1. Theft, robbery, burglary, forgery, arson, a violation of NRS 90.570, a violation punishable pursuant to paragraphs (a) to (d), inclusive, 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. Sexual assault must be found, or an information or complaint filed, within 20 years after the commission of the offense.
3. Sex trafficking must be found, or an information or complaint filed, within 6 years after the commission of the offense.
4. Any felony other than the felonies listed in subsections 1, 2 and 3 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; 2015, 583; 2019, 1498; 2021, 834; 2023, 1194)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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 171.082, 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; 2019, 1499)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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]
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.101 - "No-knock warrant" defined.

As used in NRS 171.101 to 171.122, inclusive, unless the context otherwise requires, "no-knock warrant" means a warrant for the arrest of a defendant which authorizes a peace officer to enter a premises without first:
1. Knocking on the door or ringing the doorbell and identifying the presence of the peace officer; or
2. Identifying the presence of the peace officer and stating the intended purpose of the peace officer for entering the premises.
(Added to NRS by 2021, 192)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.106 - Issuance of warrant or summons upon application, complaint or citation; no-knock warrants.

1. If it appears from an affidavit or affidavits filed with an application for a warrant 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 must be issued by the magistrate to any peace officer. Upon the request of the district attorney, a summons instead of a warrant must be issued.
2. If it appears from an affidavit or affidavits filed with a complaint or citation issued pursuant to NRS 484A.730, 488.920 or 501.386 that there is probable cause to believe that an offense, triable within the county, has been committed and that the defendant has committed it, the magistrate may issue to any peace officer:
(a) A warrant; or
(b) A summons.
3. A magistrate may not issue a warrant that is a no-knock warrant pursuant to subsection 1 or 2 unless an affidavit filed with the application, complaint or citation, as applicable:
(a) Demonstrates that:
(1) The underlying offense:
(I) Is punishable as a felony; and
(II) Involves a significant and imminent threat to public safety; and
(2) Identifying the presence of the peace officer before entering the premises is likely to create an imminent threat of substantial bodily harm to the peace officer or another person;
(b) Describes with specificity the factual circumstances as to why there are no reasonable alternatives to effectuate the arrest of the defendant other than in the manner prescribed by the no-knock warrant;
(c) States whether the no-knock warrant can be executed during the day and, if it cannot, describes with specificity the factual circumstances that preclude the no-knock warrant from being executed during the day; and
(d) Certifies that the no-knock warrant will be executed under the guidance of a peace officer who is trained in the execution of warrants.
4. More than one warrant or summons may be issued on the same application, complaint or citation.
5. If a defendant fails to appear in response to a summons, a warrant must be issued for the arrest of the defendant.
6. A no-knock warrant issued pursuant to subsection 3 is void if:
(a) A peace officer deliberately misrepresents a material fact or deliberately omits material information in an affidavit in support of an application for the no-knock warrant; and
(b) When the misrepresented material fact is excluded or the omitted material information is included, the affidavit does not meet the criteria set forth in paragraphs (a) to (d), inclusive, of subsection 3.
(Added to NRS by 1967, 1400; A 1971, 830; 2021, 192)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.108 - Contents of warrant of arrest.

A warrant of arrest is an order in writing in the name of the State of Nevada which must:
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. State the offense described in NRS 171.106;
5. Command that the defendant be arrested and brought before the nearest available magistrate; and
6. State whether the warrant is a no-knock warrant.
(Added to NRS by 1967, 1400; A 2021, 193)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.112 - Contents of summons.

1. A summons is an order in writing in the name of the State of Nevada which must:
(a) Include the information described in subsections 1 to 4, inclusive, of NRS 171.108; and
(b) Summon the defendant to appear before a magistrate at a stated time and place.
2. 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; A 2021, 193)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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,
the peace officer shall, in the manner prescribed by the Director of the Department of Public Safety, obtain a complete set of fingerprints of the person and forward those fingerprints 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; A 2017, 258)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.123 - Temporary detention by peace officer of person suspected of crime or civil infraction 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 or civil infraction.
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.
5. As used in this section, "civil infraction" has the meaning ascribed to it in NRS 481.015.
(Added to NRS by 1969, 535; A 1973, 597; 1975, 1200; 1987, 1172; 1995, 2068; 2021, 3353)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1233 - Recording of law enforcement activity.

1. A person who is not under arrest or in the custody of a peace officer may record a law enforcement activity and maintain custody and control of that recording and any property or instruments used by the person to record a law enforcement activity. A person who is under arrest or in the custody of a peace officer does not, by that status alone, forfeit the right to have any such recordings, property or instruments maintained and returned to him or her. This subsection must not be construed to authorize a person to engage in actions that interfere with or obstruct a law enforcement activity or otherwise violate any other law in an effort to record a law enforcement activity.
2. A peace officer shall not act to interfere with a person’s recording of a law enforcement activity, including, without limitation, by:
(a) Intentionally preventing or attempting to prevent the person from recording a law enforcement activity;
(b) Threatening the person for recording a law enforcement activity;
(c) Commanding that the person cease recording a law enforcement activity when the person was nevertheless authorized by law to record the law enforcement activity;
(d) Stopping, seizing or searching the person because he or she recorded a law enforcement activity; or
(e) Unlawfully seizing property or instruments used by the person to record a law enforcement activity, unlawfully destroying or seizing any recorded image of a law enforcement activity or copying such a recording of a law enforcement activity without the consent of the person who recorded it or obtaining approval from an appropriate court.
3. As used in this section:
(a) "Law enforcement activity" means any activity by a peace officer acting under the color of law.
(b) "Peace officer" means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
(c) "Record" means to capture or attempt to capture any moving or still image, sound or impression through the use of any recording device, camera or any other device capable of capturing audio or moving or still images, or by means of written notes or observations. The term includes, without limitation, the capturing of or the attempt to capture any moving or still image, sound or impression through the use of any such device for the purpose of broadcasting an event or occurrence in real time.
(Added to NRS by 2020, 32nd Special Session, 68)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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 and 33.320, 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; 2015, 2521)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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:
(1) Acting under an agreement pursuant to subsection 3 of NRS 289.152; or
(2) 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.
For the purposes of this subsection, "fresh pursuit" has the meaning ascribed to it in NRS 171.156.
(Added to NRS by 1985, 452; A 2019, 535)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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 arrest is made in the manner provided in NRS 171.137 or 171.1375;
(f) When the person is already in custody as a result of another lawful arrest; or
(g) 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; 2017, 3182; 2019, 1806, 2857)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › NRS 171.1375 - Arrest of person suspected of battery upon certain persons.

1. Whether or not a warrant has been issued, a peace officer may arrest a person if the peace officer:
(a) Has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon:
(1) A person with whom he or she is actually residing;
(2) A sibling, if the person is not the custodian or guardian of the sibling; or
(3) A cousin, if the person is not the custodian or guardian of the cousin; and
(b) Had a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service.
2. Whether or not a warrant has been issued, a peace officer may arrest a person if the peace officer:
(a) Has probable cause to believe that the person to be arrested has, within the immediately preceding 7 days, committed a battery upon:
(1) A person with whom he or she is actually residing;
(2) A sibling, if the person is not the custodian or guardian of the sibling; or
(3) A cousin, if the person is not the custodian or guardian of the cousin; and
(b) Did not have a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service.
3. Nothing in this section shall be construed to impose liability upon a peace officer or his or her employer for a determination made in good faith by the peace officer not to arrest a person pursuant to this section.
(Added to NRS by 2019, 1805; A 2023, 1605)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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 3 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; 2021, 195)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)
2023 Nevada Revised Statutes › Chapter 171 - Proceedings to Commitment › 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)