NRS 171.106 Issuance of warrant or summons upon application, complaint or citation; no-knock warrants.

439 words·~2 min read·/nv/chapter-171-proceedings-to-commitment/171-106

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.