Nevada Revised Statutes 171.122 – Manner in which execution of warrant and service of summons are made; additional requirements for execution of no-knock warrant; issuance of citation in lieu of execution of warrant of arrest
1. Except as otherwise provided in subsection 3, the warrant must be executed by the arrest of the defendant. The peace officer need not have the warrant in the peace officer’s possession at the time of the arrest, but upon request the peace officer must show the warrant to the defendant as soon as possible. If the peace officer does not have a warrant in the peace officer’s possession at the time of the arrest, the peace officer shall then inform the defendant of the peace 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 peace officer may use only the amount of reasonable force necessary to effect the arrest as provided in NRS 171.1455 and 193.305.
Terms Used In Nevada Revised Statutes 171.122
- Arrest: Taking physical custody of a person by lawful authority.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Service of process: The service of writs or summonses to the appropriate party.
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
2. In addition to the requirements described in subsection 1, if the warrant is a no-knock warrant, the peace officers involved in the execution of the no-knock warrant shall:
(a) Before executing the no-knock warrant, determine whether the circumstances necessitate that the arrest of the defendant be effectuated in the manner prescribed by the no-knock warrant and, if they do not, the peace officers shall not effectuate the arrest of the defendant in such a manner; and
(b) In executing the no-knock warrant:
(1) Wear prominent insignia that renders the peace officers readily identifiable as peace officers;
(2) Wear a portable event recording device in accordance with the requirements described in NRS 289.830;
(3) Use only the amount of force reasonably necessary to enter the premises; and
(4) As soon as practicable after entering the premises, identify the presence of the peace officers and state the purpose of the peace officers for entering the premises.
3. In lieu of executing a 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 peace 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 peace officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court.
4. A 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.