Nevada Revised Statutes 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:
Terms Used In Nevada Revised Statutes 171.1375
- Arrest: Taking physical custody of a person by lawful authority.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
(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.