It is a common misconception that the police need a warrant to arrest you. In Nevada, like in every state, there are situations where officers can arrest you without getting a warrant first – the most common being when the police witness you firsthand committing a crime.
Keep reading for a detailed overview of Nevada arrest warrant laws. Also listen to our informative podcast on this topic:
The 3 Times Warrantless Arrests Are Legal
In Nevada, law enforcement officers can lawfully arrest you without a warrant in the following three scenarios.
- The officer sees you commit a crime: As long as an officer witnesses you committing a crime happening “in their presence,” they can arrest you on the spot. This typically happens in cases of mugging or driving under the influence (DUI).
- The officer has probable cause: Probable cause simply means the officer has a reasonable belief – based on facts – that you committed a crime even if they did not see it with their own eyes. For example, if police see you carrying stolen property or running away from a broken-in car carrying a Slim Jim, police can arrest you without a warrant because there is probable cause you committed a crime.2 Probable cause must be more than a hunch; it requires solid evidence.
- The situation is an emergency. When there is an emergency, police can act without a warrant if waiting to get one would endanger public safety. This is most common when the police suspect someone of a violent crime: Any delay in apprehending them could endanger someone else.3
If the police apprehended you without a warrant – and your situation does not fall under any of these three “warrant exceptions” – the police may have committed a “false arrest.” This could be sufficient grounds to get any charges against you dismissed.
How Arrest Warrants Work
An arrest warrant is a court order issued by a judge or magistrate giving the police permission to arrest you based on evidence that you committed a crime. Arrest warrants must be “current and valid” to be legal.
To secure an arrest warrant, law enforcement must go through a process, as the following graphic shows:
However, if a judge signs off on the warrant when there is insufficient probable cause – and the police apprehend you based on that faulty warrant – that is also considered a “false arrest.” You may then be able to get any ensuing charges against you dismissed.5
If You Have an Outstanding Warrant
If there is an outstanding warrant for your arrest, you risk being apprehended at any time at your home, office, or anywhere else the police find you. If you get pulled over for a minor traffic infraction – and the police run your name and see your warrant – they will likely arrest you immediately.
However, it may be possible to avoid being arrested if you have an outstanding warrant.
In many cases, we can contact the prosecutors and schedule a “walk through.” This is where we accompany you to the police station where you get fingerprinted and photographed, but you are permitted to remain out of custody on bail or your own recognizance while your case is pending.6
Bench Warrants vs. Arrest Warrants
People often confuse bench warrants with arrest warrants, but they are not the same.
Arrest warrants are issued when police convince a judge that there is probable cause to arrest you for a specific crime. Arrest warrants typically mark the beginning of a criminal case.7
In contrast, judges issue bench warrants whenever you allegedly violate a court order: The most common reason is missing court (“failure to appear”). Judges can issue bench warrants at any time during a criminal case, and they can do so without the police asking them for it.8
As with arrest warrants, bench warrants permit police to arrest you and haul you into court. Though unlike arrest warrants, bench warrants are much easier to get recalled: In most cases, the judge will agree to recall (“quash”) your bench warrant without you having to come to court as long as an attorney appears for you.
The following table compares and contrasts arrest warrants and bench warrants in Nevada.
| Type of Warrant | Purpose | Issuance By | Based On |
| Bench Warrant | To arrest someone who failed to appear in court or comply with court orders. | Judge | Failure to appear in court or follow court orders |
| Arrest Warrant | To arrest a person suspected of committing a crime. | Judge or Magistrate | Probable cause to believe someone committed a crime |
Additional Resources
You can usually search for outstanding warrants on local court websites. You may also find information at the following:
- National Crime Information Center – The FBI’s centralized database for accessing criminal justice information, including warrants.
- SearchQuarry.com – Public record provider with warrant searches by name, city or county.
- Vinelink.com – Free site to search for outstanding warrants and criminal records in participating states.
- PeopleFinders.com – Public records site providing warrant searches among other lookup services for a fee.
- CriminalWatchdog.com – Subscription service for continuous monitoring of criminal records and warrants.
Legal References
- NRS 171.136. NRS 171.106.
- Same. See also Torres v. State (Nev. 2018) .
- See, for example, Nelson v. State (1980) .
- See note 1.
- Same.
- NRS 178.484.
- NRS 171.108.
- NRS 171.122. NRS 178.508. See, for example, In re Mosely (2004) 120 Nev. 908, 102 P.3d 555.
