Nevada Revised Statutes 484A.7033 – Authority of peace officer to detain, search or arrest person suspected of committing civil infraction; inclusion of civil infraction in criminal complaint. [Effective January 1, 2023.]
1. Except as otherwise provided by law, a peace officer in this State who has reasonable cause to believe that a person has violated a provision of chapters 483 to 484E, inclusive, 486 or 490 of NRS that is a civil infraction may halt and detain the person as is reasonably necessary to investigate the alleged violation and issue a civil infraction citation for the alleged violation. A peace officer who has halted and detained a person pursuant to this section may also:
Terms Used In Nevada Revised Statutes 484A.7033
- 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.
- 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) Detain the person in accordance with NRS 171.123 if circumstances exist that warrant such a detention;
(b) Search the person to ascertain the presence of a weapon in accordance with NRS 171.1232 and take any other action authorized pursuant to that section or any other provision of law; and
(c) Arrest the person in accordance with NRS 171.1231 if probable cause for the arrest exists.
2. If a person is arrested pursuant to paragraph (c) of subsection 1 for an offense that arises out of the same facts and circumstances as the civil infraction and is punishable as a misdemeanor, the offense and the civil infraction may be included in the same criminal complaint.