Las Vegas Arrest Warrant Attorneys
Clearing Arrest Warrants in Nevada

Police usually need to get a warrant from a judge in order to arrest a suspect in Nevada. On this page, our Las Vegas criminal defense lawyers answer your frequently-asked-questions about Nevada arrest warrants and how to clear them. Specifically, we address the following issues:

1) What are Nevada arrest warrants?
2) Who can issue Nevada arrest warrants, and how?
3) Can I be arrested without a Nevada arrest warrant?
4) How can police execute a Nevada arrest warrant?
5) If I leave the state or the U.S., what happens to my Nevada arrest warrant?
6) What bail is set with Nevada arrest warrants?
7) Can your attorneys prevent my Nevada arrest warrant from being issued?
8) Can I turn myself into the Nevada Court that issued the warrant?
9) How do attorneys fight illegal Nevada arrest warrants?
10) What if I have an arrest warrant in California?

Our Las Vegas criminal defense attorneys know how to clear Nevada warrants of every type, including quashing Las Vegas bench warrants, resolving Las Vegas traffic citation warrants, and fighting Las Vegas search warrants. Look to our other pages on how to clear Nevada warrants:

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1) What are Nevada arrest warrants?

Nevada arrest warrants give police the authority to apprehend and detain someone if there is " probable cause" to believe that he/she committed a criminal offense outside of the police's presence.1

Probable Cause

" Probable cause" means what it sounds like-that there is a reasonable belief that criminal activity has taken place, and that the suspect committed it.2

As explained in more detail in the next question, judges issue Nevada arrest warrants following (a) a grand jury indictment,3 or (b) the presentment of evidence by a peace officer or district attorney showing " probable cause" that the suspect committed the crime.

Format

An arrest warrant in Nevada is valid only if it conforms to the following rules:4

  • It must be properly signed by the magistrate [judge];
  • It must contain the name of the Defendant (or a description that allows law enforcement to identify him/her with reasonable certainty);
  • It must state the date of its issuance and the county, city or town where it was issued;
  • It must describe the offense charged in the complaint; and
  • It must command that the defendant be arrested and brought before the nearest available magistrate.5
Non-citizens...

If you are a non-citizen who has an arrest warrant in Nevada, it is crucial you contact counsel familiar with criminal defense law of immigrants in Nevada as soon as possible. As Reno criminal defense attorney Mike Becker explains, "Immigrants and aliens face not only jail and fines but also possible deportation for certain crimes, so addressing this matter now may safeguard your residency status later."6

2) Who can issue Nevada arrest warrants, and how?

As mentioned above, judges issue Nevada arrest warrants.

However, Nevada arrest warrants are very different than Nevada bench warrants, which judges may issue throughout the duration of a criminal case when the defendant neglects to follow judicial procedure:

In contrast to Nevada bench warrants, Nevada arrest warrants mark the beginning of a criminal case, and judges may issue them in only one of two ways: (a) presentment by police or the District Attorney of probable cause, or (b) grand jury indictment:

(a) Presentment by Police or District Attorney

The first way a judge may issue an arrest warrant in Nevada is when a police officer or the District Attorney presents the judge with evidence (in the form of a complaint or citation and an affidavit) detailing evidence that:

  • a) there is probable cause that a crime occurred, and
  • b) that the suspect named in the complaint committed it.7

It the judge agrees, he/she will issue the Nevada arrest warrant. But if the judge believes the evidence fails to show probable cause that the suspect committed the crime in question, the judge should deny the arrest warrant.8

(b) Grand Jury

The second way a judge may issue an arrest warrant in Las Vegas or elsewhere in Nevada is by grand jury indictment, and it is usually reserved for more serious crimes or high-profile cases. A prosecutor " pitches" the case to the grand jury (several people selected from a jury pool), and if they determine there is sufficient information for the suspect to be charged with the alleged crime, they " indict" the suspect. At this point, the judge will issue the Nevada arrest warrant.

In sum, judges cannot issue arrest warrants without being asked to by the police or prosecuting attorneys or by a grand jury indictment, and the evidence must show probable cause that the defendant committed the criminal activity described in the complaint.9

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3) Can I be arrested without a Nevada arrest warrant?

It depends on (a) whether the cop witnessed the " crime" firsthand and (b) whether the crime was a misdemeanor, gross misdemeanor or felony:

(a) Crime committed in the officer's presence

Nevada police may always make warrantless arrests when the suspect commits the alleged crime in the officer's presence.10 If the police had to wait to get a warrant first, they would run the risk of the suspect fleeing.

(b) Type of crime

If the suspected crime is a misdemeanor (which carries only up to six months in jail) and if the police did not witness it firsthand, then an arrest warrant is required to make a legal arrest.

However, if the alleged criminal activity is a gross misdemeanor or felony, then the cops may arrest the suspect without a warrant even if it occurred outside of their presence. The only condition is that the police must have reasonable cause to believe the suspect committed it.11 For example,

A pedestrian alerts a Henderson police officer to a fight occurring a few blocks away. The police officer goes to investigate and sees John holding a gun and another man suffering from a fresh gunshot wound. Even though the cop did not see John shoot the gun, the police may arrest John because he would have reasonable cause to believe John attempted to commit murder in Henderson, which is a felony.

Whether your arrest was executed with or without a warrant, your attorney can still try to challenge the arrest's validity. As explained below in question nine, if the arrest warrant was issued or executed illegally, your attorney may be able to get enough evidence excluded from your case to persuade the prosecutor to dismiss or reduce your charges.

4) How can police execute a Nevada arrest warrant?

While judges issue arrest warrants in Nevada, law enforcement has the responsibility to execute the warrant-in other words, to arrest the defendant.12

As outlined below, there are several rules police have to abide by when making a legal arrest with regard to time, location, and force used.

Sometimes arrests can be avoided altogether if the D.A. opts to serve you a " summons" or the police simply writes you a " citation."

Time of Arrest

If the charge is for a felony or gross misdemeanor, police may make an arrest in Nevada at anytime. For a misdemeanor, police may make an arrest only between 7 a.m and 7 p.m. unless any of the following conditions are true:13

  • the magistrate issuing the warrant allows otherwise,
  • the alleged criminal activity was committed in the officer's presence,
  • the suspect has a warrant out for his/her arrest which the officer discovered only after stopping and detaining the suspect in a public place on another alleged offense (the officer would have to have probable cause for detaining the suspect on this new offense),
  • the suspect voluntarily surrenders in response to an outstanding arrest warrant,
  • when the suspect is already in custody from another lawful arrest, or
  • the alleged offense is battery domestic violence or the violation of a temporary or extended order of protection against domestic violence.14

Once the arrest takes place in Nevada, the suspect must be brought before a judge within seventy-two hours. If law enforcement delays in doing so, then the suspect's attorney should be able to get the suspect released.15

Furthermore, if law enforcement delays too long to make the arrest to begin with, an attorney may be able to get the case dismissed by arguing that the delay prejudiced your right to a fair and speedy trial.16

Place of arrest

Police can make arrests anywhere, and they typically do so in the defendant's home or place of work.

When making an arrest, the police do not have to have the Nevada arrest warrant with them. But if the arrestee asks for it, the police should provide it as soon as possible.17

If there is no warrant out for your arrest, you do not have to let the police into your home. But as Reno criminal defense attorney Mike Becker warns, " Police do not need a Nevada arrest warrant to make an arrest in the suspect's home as long as the suspect freely consented to allow the police inside."18

Necessary Force

If the suspect resists arrest, the police may use " necessary force" to carry out the arrest, including violence.19

Summons

In some cases where the state suspects criminal activity, the D.A. will request the judge to issue not an arrest warrant but rather a " summons."20

A Nevada summons, which looks similar to a warrant, is a notice that is either mailed or served on you by a process server21 ordering you to appear in court on a specified date.22

Prosecutors typically request summons in lieu of Nevada arrest warrants when you are not considered a flight-risk and when the alleged criminal activity is non-violent or not that serious (such as for breaking Nevada casino marker law if it is for less than $250).

Obviously, receiving a summons is much less unpleasant than being arrested. But as soon as you receive a summons, it is important you retain counsel right away so they can appear in court either with you or on your behalf depending on the charge.

Ignoring a summons will cause the judge to issue a Nevada bench warrant, which may result in you being jailed, fined and stripped of your drivers license.

Citations

For many misdemeanor crimes (which are less serious than felony crimes), the police witnessing it will not arrest you at all but will rather issue you a Nevada citation.23 For instance, breaking minor Nevada traffic ticket laws will also usually result in citations rather than arrest.

A citation is similar to a summons in that it charges you with a crime and orders you (or your attorney) to appear in court on a certain date to answer the charges.24

However, if there is another warrant out for your arrest or if you refuse to agree to come to court on the specified date, then the cop citing you for a misdemeanor may also arrest you.25

Furthermore, there are some misdemeanors, such as Nevada battery domestic violence,26Nevada DUI and some other traffic matters,27 where the police must formally arrest you and may not simply give you a citation.

Similar to a summons, ignoring a citation will result in the judge issuing a Nevada bench warrant for your arrest, which makes you vulnerable to jail time, fines, and a drivers license suspension.

5) If I leave the state or the U.S., what happens to my Nevada arrest warrant?

Fugitive Status

Anyone who leaves the state of Nevada with the knowledge that there is a warrant out for their arrest here is considered a fugitive.28

Depending on the crime, fugitives caught in another state and most countries may be extradited back to Nevada and face additional penalties for fleeing in the first place.

Less important crimes, such as for violating minor Nevada traffic ticket laws, will not get you extradited. But more serious ones, such as breaking Nevada casino marker law, definitely will.

Fugitive Rights

Extradition is a very complicated process with different rules for each jurisdiction, so it is important you retain private counsel to guide you and protect your rights:

You are entitled to a hearing protesting the extradition order, and any jail time you serve in another state awaiting extradition here will be credited towards their final sentence.29

If you honestly do not know about the arrest warrant when you leave Nevada and your attorney can demonstrate your lack of knowledge, your attorney may be able to relieve you of fugitive status.30

6) What bail is set with Nevada arrest warrants?

When judges issue a Nevada arrest warrant, they usually set a " bail amount" to go with it.31

Bail Definition

When you are arrested and booked, the court will release you if you pay the specified bail (or post bond through a bail bondsman), which you then get returned only once the case is concluded. Therefore, your paying bail serves as a promise to the court that you will cooperate with authorities until the case reaches its conclusion.

Bail Schedule

Every Nevada court has a " bail schedule" matching each criminal offense with a specific bail amount.32 As you might expect, judges set higher bails for more serious crimes.

The most serious crimes have no bail at all because the court wants to keep you in custody throughout the duration of the case: These crimes include anything punishable by death or life imprisonment or if the defendant violated parole or is an escaped convict.33

O.R. Release

If your case is not very serious, a Las Vegas criminal defense attorney may be able to reduce your bail amount or even get you released on your own recognizance (O.R.) without paying bail at all as long as you promise to make all future court appearances.34

Refer to our article on Nevada bail procedures for a more in depth discussion about Nevada bail procedures, laws, and general bail information for individual Clark County jails.

7) Can your attorneys prevent my Nevada arrest warrant from being issued?

It depends. A pre-file investigation may be enough to get your warrant cleared, but if not, your attorney may be able to prevent you from going to jail while your case proceeds:

Pre-file Investigation

If you are aware that you are being investigated for a crime, a Clark County criminal defense lawyer can explore various avenues to stave off an arrest warrant being issued. Your attorney can investigate your case (called a " pre-file investigation") and present exculpatory evidence (facts demonstrating your innocence) to the D.A. to persuade them to drop the matter altogether.

If your warrant has already been issued...

Even if an arrest warrant has already been issued, a Clark County criminal defense lawyer can still take measures to mitigate the unpleasantness:

Instead of waiting for the police to arrest you (which can be very embarrassing and disruptive if it happens in your place of work), your attorney can voluntarily appear before the court with you and request O.R. release or a bail reduction.

By taking the initiative to go to the court with counsel, you are showing the court that you are taking the case seriously and will follow proper procedure without having to be detained in jail.

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8) Can I turn myself into the Nevada Court that issued the warrant?

You can, but you probably should not alone.

It is highly recommended that you hire private counsel as soon as you learn about your Nevada arrest warrant and follow their advice. If you go to court by yourself without representation, it is very likely that the judge will turn a deaf ear to your excuses and will order you to jail.

An experienced Las Vegas attorney knows which tactics hold the most sway with which judges in persuading them to release you on O.R. or at least to reduce your bail. In some cases, an attorney may even be able to have your warrant cleared without having any kind of condition or penalties at all.

9) How do attorneys fight illegal Nevada arrest warrants?

When an arrest warrant is issued without probable cause or in breach of proper judicial procedure, it is illegal.35

However, a faulty arrest warrant alone is usually not enough for your charges to get dismissed,36 so your attorney can explore other avenues to handle your case. Two common strategies Las Vegas criminal defense attorneys use to fight illegal Nevada arrest warrants are to find evidence of police misconduct in your case or, if you are in custody, to file a writ of habeas corpus:

Find evidence of police misconduct to dismiss your case

Police frequently make mistakes and cut corners when investigating cases and arresting suspects.

Therefore, your attorney would examine how your Nevada arrest warrant was acquired and executed and use that information to argue that the police acted wrongly and that any incriminating evidence they acquired should therefore be excluded from your case.37

If your attorney can show the Nevada cops' misconduct was illegal or could be prejudicial to you at trial, the prosecutor would be more willing to negotiate down your charges.

Furthermore, if your attorney can exclude enough incriminating evidence from your case that the police gathered as a result of their misconduct, the prosecutor may even be willing to dismiss your case altogether.38 For example,

A cop from Las Vegas Metropolitan Police Department having probable cause to believe you have broken Nevada marijuana law in Laughlin and secures a warrant for your arrest. The cop arrests you in your home and then proceeds to search your entire house, where he finds more marijuana. Since the warrant did not authorize the cop to search the house, your attorney could probably get the marijuana excluded as evidence. And once it is excluded, the state's argument that you broke Nevada marijuana law in Laughlin becomes much weaker, which may prompt the D.A. to dismiss the whole case.
File writ of Habeas Corpus to dispute your incarceration

If you are currently in custody following an arrest on an illegal Nevada arrest warrant, your attorney can file what is called a "writ of habeas corpus" with the court.39 This allows your lawyer to inform the judge that your lawyer believes you are being incarcerated illegally and to demand why.40 If the judge agrees that you are being unlawfully jailed, you should be released.

10) What if I have an arrest warrant in California?

California arrest warrant laws and procedures are very similar to Nevada's.41 Refer to our informational article specifically on California arrest warrant laws, written by our California criminal defense attorneys, to learn more. And if you need representation to help clear your warrant, call our California criminal defense attorneys at 888-327-4652 for a free consultation today.

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To find out more about arrest warrants in Nevada and to schedule a free consultation with our Las Vegas criminal defense attorneys, phone us at 702-DEFENSE (702-333-3673).

Our Las Vegas criminal defense attorneys clear arrest warrants and take on any other criminal matter in and around Clark County and Washoe County, including Henderson, Boulder City, North Las Vegas, Mesquite, Laughlin, Pahrump and Reno.

Legal References:


1NRS 171.106 Issuance of warrant or summons upon complaint or citation. If it appears from the complaint or a citation issued pursuant to NRS 484.795, 488.920 or 501.386, or from an affidavit or affidavits filed with the complaint or citation 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 shall be issued by the magistrate to any peace officer. Upon the request of the district attorney a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint or citation. If a defendant fails to appear in response to the summons, a warrant shall issue.

Woerner v. Justice Court of Reno Tp. ex rel. County of Washoe, 116 Nev. 518, 523-524, 1 P.3d 377, 380 - 381 (2000) ("[A]n arrest warrant or summons may issue upon probable cause that a crime has been committed and that the named person committed it, and nothing more. NRS 171.106.").

2Definition of "probable cause" from law.com: n. sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. While some cases are easy (pistols and illicit drugs in plain sight, gunshots, a suspect running from a liquor store with a clerk screaming "help"), actions "typical" of drug dealers, burglars, prostitutes, thieves, or people with guilt "written across their faces," are more difficult to categorize. "Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable cause. Technically, probable cause has to exist prior to arrest, search or seizure.

Gordon v. State, 83 Nev. 177, 179, 426 P.2d 424, 425 (1967) ("The Fourth Amendment commands that no warrants for either searches or arrests shall issue except upon 'probable cause.' That proscription is enforcible [sic] against the States through the Fourteenth Amendment. Mapp v. State of Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961). Probable cause exists if the facts and circumstances known to the officer at the moment of the arrest would warrant a prudent man in believing that a felony had been committed by the person arrested. Beck v. State of Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d 142 (1964); Henry v. United States, 361 U.S. 98, 80 S.Ct. 168, 4 L.Ed.2d 134 (1959); Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); Nootenboom v. State, 82 Nev. 329, 418 P.2d 490 (1966).").

Schnepp v. State, 82 Nev. 257, 261, 415 P.2d 619, 622 (1966) ("Reasonable cause for arrest has been defined as such a state of facts as would lead a man of ordinary care and prudence to believe or entertain an honest and strong suspicion that the person is guilty.").

3NRS 171.100 Indictment found when it is presented and filed. An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed.

4Nelson v. City of Las Vegas, 99 Nev. 548, 552, 665 P.2d 1141, 1144 (Nev.,1983) ("The facially valid warrant provides the "legal cause or justification" for the arrest, in the same way that an arrest made with probable cause is privileged and not actionable.").

5NRS 171.108 Contents of warrant of arrest. The warrant of arrest is an order in writing in the name of the State of Nevada which shall: 1. Be signed by the magistrate with his name of office; 2. Contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty; 3. State the date of its issuance, and the county, city or town where it was issued; 4. Describe the offense charged in the complaint; and 5. Command that the defendant be arrested and brought before the nearest available magistrate.

NRS 179.380 Warrant upon finding of presentment, indictment or information. A warrant upon the finding of a presentment, indictment or information may be in substantially the following form:

Warrant

County of ........................ The State of Nevada, to any sheriff, constable, marshal, policeman, or peace officer in this State: A presentment having been made or an indictment having been found (or information filed) on the ........ day of the month of ............ of the year ......., in the district court of the ........................, County of ........................., charging C. D. with the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named C. D. and bring him before that court to answer the presentment, indictment or information; or if the court is not in session that you deliver him into the custody of the sheriff of the County of ........................ By order of the court. Given under my hand with the seal of the court affixed this ........ day of the month of ............ of the year ....... .

...................................................................

E. F., Clerk.

(Seal)

6To learn more about criminal defense law of immigrants in Nevada, refer to our immigrants criminal defense articles here.

7NRS 107.102 Complaint defined; oath or declaration required. The complaint is a written statement of the essential facts constituting the public offense charged. It must be made upon: 1. Oath before a magistrate or a notary public; or 2. Declaration which is made subject to the penalty for perjury.

8Watson v. Sheriff, Lyon County, 93 Nev. 403, 404, 566 P.2d 416, 417 (1977) ("It is settled that a complaint which consists of nothing more than the complainant's conclusions is constitutionally insufficient. Whiteley v. Warden, 401 U.S. 560, 91 S.Ct. 1031, 28 L.Ed.2d 306 (1971). The complaint under review in Whiteley ... was held to be insufficient to enable a magistrate to make an independent judgment that probable cause existed for an arrest warrant.").

9NRS 172.285 Warrant on presentment. 1. If the court deems that the facts stated in a presentment constitute a public offense triable: (a) In the district court of the county, it shall direct the clerk to issue a warrant for the arrest of the defendant. (b) In another court of the county, it shall forward the presentment to such court. 2. The clerk, or justice of the peace in a case forwarded to him, may accordingly at any time thereafter issue a warrant under the signature and seal of the court, if it has a seal. 3. The magistrate before whom the defendant is brought shall proceed to examine the charge contained in the presentment and hold the defendant to answer such charge, or discharge him, in the same manner as upon a warrant of arrest on complaint.

10NRS 171.124 Arrest by peace officer or officer of Drug Enforcement Administration. 1. Except as otherwise provided in subsection 3 and NRS 33.070 and 33.320, a peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: (a) For a public offense committed or attempted in his presence. (b) When a person arrested has committed a felony or gross misdemeanor, although not in his presence. (c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it. (d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested. (e) When a warrant has in fact been issued in this State for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described. 2. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appears that a felony or gross misdemeanor has not been committed. 3. An officer of the Drug Enforcement Administration may only make an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of NRS.

NRS 453.271 Powers of enforcement of officers and employees of Division. Any officer or employee of the Division designated by his appointing authority may: 1. Carry firearms in the performance of his official duties; 2. Execute and serve search warrants, arrest warrants, administrative warrants for inspections, subpoenas and summonses issued under the authority of this State; 3. Make arrests without warrant for any offense under the provisions of NRS 453.011 to 453.552, inclusive, committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of such sections which may constitute a felony; 4. Make seizures of property pursuant to the provisions of NRS 453.011 to 453.552, inclusive; or 5. Perform other law enforcement duties as the Division designates.

11NRS 171.124 Arrest by peace officer or officer of Drug Enforcement Administration. 1. Except as otherwise provided in subsection 3 and NRS 33.070 and 33.320, a peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: (a) For a public offense committed or attempted in his presence. (b) When a person arrested has committed a felony or gross misdemeanor, although not in his presence. (c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it. (d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested. (e) When a warrant has in fact been issued in this State for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described. 2. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appears that a felony or gross misdemeanor has not been committed. 3. An officer of the Drug Enforcement Administration may only make an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of NRS.

NRS 453.271 Powers of enforcement of officers and employees of Division. Any officer or employee of the Division designated by his appointing authority may: 1. Carry firearms in the performance of his official duties; 2. Execute and serve search warrants, arrest warrants, administrative warrants for inspections, subpoenas and summonses issued under the authority of this State; 3. Make arrests without warrant for any offense under the provisions of NRS 453.011 to 453.552, inclusive, committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of such sections which may constitute a felony; 4. Make seizures of property pursuant to the provisions of NRS 453.011 to 453.552, inclusive; or 5. Perform other law enforcement duties as the Division designates.

12NRS 173.195 Execution of warrant and service of summons. The warrant shall be executed or the summons served as provided in NRS 171.114, 171.118 and 171.122. A summons to a corporation shall be served as provided in NRS 171.122. The officer executing the warrant shall bring the arrested person promptly before the court or, for the purpose of admission to bail, before a magistrate.

13NRS 171.136 When arrest may be made. 1. If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night. 2. If it is a misdemeanor, the arrest cannot be made between the hours of 7 p.m. and 7 a.m., except: (a) Upon the direction of a magistrate, endorsed upon the warrant; (b) When the offense is committed in the presence of the arresting officer; (c) When the person is found and the arrest is made in a public place or a place that is open to the public and: (1) There is a warrant of arrest against the person; and (2) The misdemeanor is discovered because there was probable cause for the arresting officer to stop, detain or arrest the person for another alleged violation or offense; (d) When the offense is committed in the presence of a private person and he makes an arrest immediately after the offense is committed; (e) When the offense charged is battery that constitutes domestic violence pursuant to NRS 33.018 and the arrest is made in the manner provided in NRS 171.137; (f) When the offense charged is a violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive; (g) When the person is already in custody as a result of another lawful arrest; or (h) When the person voluntarily surrenders himself in response to an outstanding warrant of arrest.

14NRS 171.137 Arrest required for suspected battery constituting domestic violence; exceptions. 1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons or his minor child. 2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider: (a) Prior domestic violence involving either person; (b) The relative severity of the injuries inflicted upon the persons involved; (c) The potential for future injury; (d) Whether one of the alleged batteries was committed in self-defense; and (e) Any other factor that may help the peace officer decide which person was the primary physical aggressor. 3. A peace officer shall not base his decision regarding whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings. 4. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

15NRS 171.178 Appearance before magistrate; release from custody by arresting officer. 1. Except as otherwise provided in subsections 5 and 6, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada. 2. A private person making an arrest without a warrant shall deliver the arrested person without unnecessary delay to a peace officer. Except as otherwise provided in subsections 5 and 6 and NRS 171.1772, the peace officer shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada. 3. If an arrested person is not brought before a magistrate within 72 hours after arrest, excluding nonjudicial days, the magistrate: (a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and (b) May release the arrested person if he determines that the person was not brought before a magistrate without unnecessary delay. 4. When a person arrested without a warrant is brought before a magistrate, a complaint must be filed forthwith. 5. Except as otherwise provided in NRS 178.484 and 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, he must be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter. 6. A peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.

16Sixth Amendment of the U.S. Constitution: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

17NRS 171.122 Manner in which execution of warrant and service of summons are made; issuance of citation in lieu of execution of warrant of arrest. 1. Except as otherwise provided in subsection 2, the warrant must be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he must show the warrant to the defendant as soon as possible. If the officer does not have a warrant in his possession at the time of the arrest, he shall then inform the defendant of his intention to arrest him, 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 his arrest and detention. If the defendant either flees or forcibly resists, the officer may, except as otherwise provided in NRS 171.1455, use all necessary means to effect the arrest. 2. In lieu of executing the warrant by arresting the defendant, a peace officer may issue him a citation as provided in NRS 171.1773 if: (a) The warrant is issued upon an offense punishable as a misdemeanor; (b) The 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 identity to the peace officer; (d) The defendant signs a written promise to appear in court for the misdemeanor offense; and (e) The officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court. 3. The summons must be served upon a defendant by delivering a copy to him personally, or by leaving it at his 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.

18Ford v. State, 122 Nev. 796, 805, 138 P.3d 500, 506 (2006) ("It is well-settled that a consensual entry excuses the Fourth Amendment's warrant requirement for an arrest at a suspect's home. Murray v. State, 105 Nev. 579, 583, 781 P.2d 288, 290 (1989) (citing Payton v. New York, 445 U.S. 573, 576, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980))").

19Dumaine v. State, 103 Nev. 121, 124, 734 P.2d 1230, 1232 (1987) ("NRS 171.122. This statute, concerning the execution of arrest warrants, authorizes an officer to use necessary force to effect an arrest in the event that the defendant resists or flees.").

20NRS 171.106 Issuance of warrant or summons upon complaint or citation. If it appears from the complaint or a citation issued pursuant to NRS 484.795, 488.920 or 501.386, or from an affidavit or affidavits filed with the complaint or citation 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 shall be issued by the magistrate to any peace officer. Upon the request of the district attorney a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint or citation. If a defendant fails to appear in response to the summons, a warrant shall issue.

21NRS 171.122 Manner in which execution of warrant and service of summons are made; issuance of citation in lieu of execution of warrant of arrest. 1. Except as otherwise provided in subsection 2, the warrant must be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he must show the warrant to the defendant as soon as possible. If the officer does not have a warrant in his possession at the time of the arrest, he shall then inform the defendant of his intention to arrest him, 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 his arrest and detention. If the defendant either flees or forcibly resists, the officer may, except as otherwise provided in NRS 171.1455, use all necessary means to effect the arrest. 2. In lieu of executing the warrant by arresting the defendant, a peace officer may issue him a citation as provided in NRS 171.1773 if: (a) The warrant is issued upon an offense punishable as a misdemeanor; (b) The 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 identity to the peace officer; (d) The defendant signs a written promise to appear in court for the misdemeanor offense; and (e) The officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court. 3. The summons must be served upon a defendant by delivering a copy to him personally, or by leaving it at his 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.

22NRS 171.112 Contents of summons. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. Upon a complaint against a corporation, the magistrate must issue a summons, signed by him, with his name of office, requiring the corporation to appear before him at a specified time and place to answer the charge, the time to be not less than 10 days after the issuing of the summons.

23NRS 171.1771 Issuance of citation when person detained by peace officer. Whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and he is not required to be taken before a magistrate, the person shall, in the discretion of the peace officer, either be given a misdemeanor citation, or be taken without unnecessary delay before the proper magistrate. He shall be taken before the magistrate when he does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe he will disregard a written promise to appear in court.

24NRS 171.1773 Form and contents of citation: When person detained by peace officer. 1. Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and he is not taken before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer may prepare a misdemeanor citation manually or electronically in the form of a complaint issuing in the name of "The State of Nevada" or in the name of the respective county, city or town, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation. 2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing. 3. The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184. 4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave his written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave his written promise to appear suffices as proof of service.

25NRS 171.177 When person detained must be taken before magistrate. Except as otherwise provided in NRS 171.122 and 171.178, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor, he must be taken without unnecessary delay before the proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases: 1. When the person demands an immediate appearance before a magistrate; 2. When the person is detained pursuant to a warrant for his arrest; 3. When the person is arrested by a peace officer; or 4. In any other event when the person is issued a misdemeanor citation by an authorized person and refuses to give his written promise to appear in court as provided in NRS 171.1773.

26NRS 171.137 Arrest required for suspected battery constituting domestic violence [Nevada battery domestic violence]; exceptions. 1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, the minor child of any of those persons or his minor child. 2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider: (a) Prior domestic violence involving either person; (b) The relative severity of the injuries inflicted upon the persons involved; (c) The potential for future injury; (d) Whether one of the alleged batteries was committed in self-defense; and (e) Any other factor that may help the peace officer decide which person was the primary physical aggressor. 3. A peace officer shall not base his decision regarding whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings. 4. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

27NRS 484.791 Arrest without warrant for certain offenses. 1. Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses: (a) Homicide by vehicle; (b) A violation of NRS 484.379 [Nevada DUI]or 484.379778; (c) A violation of NRS 484.3795; (d) A violation of NRS 484.37955; (e) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries in violation of NRS 484.219 or 484.223; (f) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway in violation of NRS 484.221 or 484.225; (g) Reckless driving; (h) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver's license has been cancelled, revoked or suspended; or (i) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490. 2. Whenever any person is arrested as authorized in this section, he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (f) and (g) of subsection 1, a peace officer has the same discretion as is provided in other cases in NRS 484.795.

28NRS 179.221 Fugitives from this State; duty of Governor. Whenever the Governor of this State demands a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this State, from the executive authority of any other state, or from the Chief Justice or an associate justice of the Supreme Court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this State, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this State in which the offense was committed.

29Nieto v. State, 119 Nev. 229, 232, 70 P.3d 747, 748 (2003) ("[A] defendant is entitled to credit for time served in presentence confinement in another jurisdiction when that confinement was solely pursuant to the charges for which he was ultimately convicted.").

30NRS 179.223 Application for issuance of requisition: By whom made; contents. 1. When the return to this state of a person charged with crime in this state is required, the district attorney shall present to the Governor his written application for a requisition for the return of the person charged in which application must be stated: (a) The name of the person so charged; (b) The crime charged against him; (c) The approximate time, place and circumstances of its commission; (d) The state in which he is believed to be, including the location of the accused therein at the time the application is made; and (e) A certification that, in the opinion of the district attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim. 2. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the district attorney of the county in which the offense was committed, the State Board of Parole Commissioners, the Chief Parole and Probation Officer, the Director of the Department of Corrections or the sheriff of the county from which escape was made shall present to the Governor a written application for a requisition for the return of the person, in which application must be stated: (a) The name of the person; (b) The crime of which he was convicted; (c) The circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole; and (d) The state in which he is believed to be, including the location of the person therein at the time application is made. 3. The application must be verified by affidavit, executed in duplicate and accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The district attorney, State Board of Parole Commissioners, Chief Parole and Probation Officer, Director of the Department of Corrections or sheriff may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with the application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence must be filed in the Office of the Secretary of State of the State of Nevada to remain of record in that office. The other copies of all papers must be forwarded with the Governor's requisition.

31NRS 178.484 Right to bail before conviction; exceptions; imposition of conditions; arrest for violation of condition. 1. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.

32NRS 173.155 Form of warrant; fixing and endorsement of amount of bail. The form of the warrant shall be as provided in NRS 171.108 except that it shall be signed by the clerk, it shall describe the offense charged in the indictment or information and it shall command that the defendant be arrested and brought before the court. The amount of bail may be fixed by the court and endorsed on the warrant.

33NRS 179.209 Bail: In what cases; conditions of bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, or unless the prisoner is charged as a parole violator or escaped convict, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this state. No prisoner may be admitted to bail after having been arrested upon the warrant of the Governor of this state.

34NRS 178.4851 Release without bail; imposition of conditions; arrest for violation of condition. 1. Upon a showing of good cause, a court may release without bail any person entitled to bail if it appears to the court that it can impose conditions on the person that will adequately protect the health, safety and welfare of the community and ensure that he will appear at all times and places ordered by the court.

35An example of an illegal arrest warrant is one that issues after the same matter had already been filed and dismissed: NRS 174.085 Proceedings not constituting acquittal; effect of acquittal on merits; proceedings constituting bar to another prosecution; retrial after discharge of jury; effect of voluntary dismissal ... 5. The prosecuting attorney, in a case that he has initiated, may voluntarily dismiss a complaint: (a) Before a preliminary hearing if the crime with which the defendant is charged is a felony or gross misdemeanor; or (b) Before trial if the crime with which the defendant is charged is a misdemeanor, without prejudice to the right to file another complaint, unless the State of Nevada has previously filed a complaint against the defendant which was dismissed at the request of the prosecuting attorney. After the dismissal, the court shall order the defendant released from custody or, if he is released on bail, exonerate the obligors and release any bail. 6. If a prosecuting attorney files a subsequent complaint after a complaint concerning the same matter has been filed and dismissed against the defendant: (a) The case must be assigned to the same judge to whom the initial complaint was assigned; and (b) A court shall not issue a warrant for the arrest of a defendant who was released from custody pursuant to subsection 5 or require a defendant whose bail has been exonerated pursuant to subsection 5 to give bail unless the defendant does not appear in court in response to a properly issued summons in connection with the complaint.

36Graves v. State, 112 Nev. 118, 129, 912 P.2d 234, 241 (1996) ("We first note that an illegal arrest alone does not entitle a defendant to have a conviction set aside. United States v. Crews, 445 U.S. 463, 474, 100 S.Ct. 1244, 63 L.Ed.2d 537 (1980) ("[T]he illegality of [a defendant's] detention cannot deprive the Government of the opportunity to prove his guilt through the introduction of evidence wholly untainted by the police misconduct.")").

37The exclusionary rule: Powell v. State, 113 Nev. 41, 45, 930 P.2d 1123, 1125 (Nev.,1997) ("In Weeks v. United States, 232 U.S. 383, 398, 34 S.Ct. 341, 346, 58 L.Ed. 652 (1914), the United States Supreme Court first reasoned that evidence obtained in violation of the Fourth Amendment must be excluded in the federal courts. The Court later increased the breadth of the exclusionary rule by holding that the rule applied to the states as well as to the federal government. Mapp v. Ohio, 367 U.S. 643, 655, 81 S.Ct. 1684, 1691-92, 6 L.Ed.2d 1081 (1961).").

38 However, the exclusionary rule doesn't apply if the police genuinely believed the warrant was legal. Powell v. State, 113 Nev. 41, 45, 930 P.2d 1123, 1125 (1997) ("Significantly, the Court has also determined that a court is not compelled to exclude evidence obtained in violation of the Fourth Amendment if a police officer relied in good faith on a warrant. United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984).").

39Definition of "habeas corpus" from Law.com: n. Latin for "you have the body," it is a writ (court order) which directs the law enforcement officials (prison administrators, police or sheriff) who have custody of a prisoner to appear in court with the prisoner to help the judge determine whether the prisoner is lawfully in prison or jail. The writ is obtained by petition to a judge in the county or district where the prisoner is incarcerated, and the judge sets a hearing on whether there is a legal basis for holding the prisoner. Habeas corpus is a protection against illegal confinement, such as holding a person without charges, when due process obviously has been denied, bail is excessive, parole has been granted, an accused has been improperly surrendered by the bail bondsman or probation has been summarily terminated without cause. Historically called "the great writ," the renowned scholar of the Common Law, William Blackstone, called it the "most celebrated writ in English law." It may also be used as a means to contest child custody and deportation proceedings in court. The writ of habeas corpus can be employed procedurally in federal district courts to challenge the constitutionality of a state court conviction.

40Watson v. Sheriff, Lyon County 93 Nev. 403, 566 P.2d 416 (1977) (Summary: "Defendant who was charged with burglary filed a pretrial petition for a writ of habeas corpus to challenge the sufficiency of the complaint against him. The Ninth Judicial District Court, Lyon County, Noel E. Manoukian, J., denied the writ, and petitioner appealed. The Supreme Court held that the complaint was constitutionally insufficient in that it did not contain information which would enable a magistrate to make an independent judgment that probable cause existed for an arrest warrant.")

41Michael John James Kuzmich, www.warrant.com: Arrest and Search Warrants by E-mail, 30 McGeorge L. Rev. 590 (Winter, 1999) (California judges may issue arrest warrants online as well.).

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