Nevada "Search Warrant" Laws
Las Vegas Criminal Defense Lawyers
A Nevada search warrant is a type of court order that allows police to search for evidence of an alleged crime. But if the judge wrongly issued the warrant or if the cops didn't perform the search correctly, then the accused may ask the court to throw out any evidence found from the search.
How Nevada search warrants work
The Fourth Amendment to the U.S. Constitution provides that all searches must be based on probable cause that a crime has occurred. Furthermore, police may not conduct searches without getting a court-issued search warrant first . . . but there are exceptions:
- Hot Pursuit in Las Vegas, Nevada:
Police usually don't need to secure a Las Vegas search warrant if a suspected criminal flees the scene of a crime and the police have to enter another's property in order to chase the suspect.
- Exigent Circumstances in Las Vegas, Nevada:
In emergency situations, police are usually allowed to conduct warrantless searches and seizures in Nevada, even in a person's home.
- Consent in Las Vegas, Nevada:
If someone freely and voluntarily consents to be searched, the police are not required to get a Las Vegas NV search warrant first.
- Traffic Stops in Las Vegas, Nevada:
If police stop a car for a traffic violation, they usually do not need a Nevada search warrant to then search the car if they have probable cause to suspect it's holding contraband or criminal evidence.
In addition, Nevada search warrants must be specific and reasonable in order to be valid. If your attorney deems the search warrant in your case to be overbroad or otherwise illegal, you have grounds to file a Las Vegas motion to suppress evidence in an effort to get the evidence found from the search excluded from your case.
If you've been charged with a crime in Nevada, phone our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673) right away for a free meeting to discuss your options. Depending on your case, we may be able to file a Las Vegas motion to suppress to show the police acted unlawfully and to get your case dropped.
For information about California search warrants, go to our page on California search warrants.
