Nevada Revised Statutes 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.
Terms Used In Nevada Revised Statutes 171.106
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- substantial bodily harm: means :
- Summons: Another word for subpoena used by the criminal justice system.
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.