In Nevada, a search warrant permits police to conduct a search of an area in an effort to find evidence of a crime. Judges may issue search warrants only if the police can show probable cause that there is criminal activity.
Under certain circumstances, police may execute a search without first securing a search warrant. In many situations, police may search automobiles without getting a warrant first.
If you believe a search might have been illegal, you can file a motion to suppress, asking the judge to disregard any evidence found from the search. Winning a motion to suppress could be key to getting criminal charges dropped.
In this article, our Las Vegas criminal defense attorneys discuss the following topics re. search warrants in Nevada, including warrant requirements, refusing searches, and how to challenge warrants. Also listen to our informative podcast:
- 1. Search Warrants
- 2. Warrantless Searches
- 3. Refusing Home Searches
- 4. Refusing Car Searches
- 5. Frisks
- 6. Defenses
- 7. Reading the Warrant
- 8. Other Warrants
- Additional Reading
1. Search Warrants
A search warrant is a court-issued document authorizing police to enter a location and search it for evidence of a crime. A warrant includes an affidavit by police swearing that there is probable cause that a crime has occurred.
Warrants are supposed to specify the place(s) to be searched and the item(s) to be seized. Nevada police may execute search warrants only between 7:00 AM and 7:00 PM unless the police can show the court good cause otherwise. Police have ten (10) days to execute a search warrant.1
2. Warrantless Searches
In certain circumstances, Nevada police do not have to get a search warrant prior to conducting a lawful search. The following are common exceptions to the warrant rule:
- Hot pursuit: Police usually do not need to secure a 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 emergency situations, police are usually allowed to conduct warrantless searches and seizures in Nevada. This applies even if the location is a home.
- Consent: If you freely and voluntarily consent to be searched, the police are not required to get a search warrant first. You are advised *never* to consent to a warrantless search.
- Traffic stops: If police stop your car for a traffic violation, they usually do not need a warrant to then search your car as long as they have probable cause to suspect it is holding contraband or criminal evidence.
- Search incident to arrest: If you get arrested, the police may search your body and the immediate area. This is usually to search for weapons and to ensure everyone’s safety.2
3. Refusing Home Searches
You can refuse to allow the police to search your home if the officer does not have a valid search warrant and no “warrant exception” applies.
If the officer has a valid search warrant, then you cannot refuse the search. If you refuse to let the police in your home, the police may break in and use reasonable force against you to execute the search.3
4. Refusing Car Searches
Nevada police may search your car without a warrant or your consent as long as they have probable cause that you are involved in a crime. This is called the “automobile exception” to the warrant requirement.
Typical examples of probable cause include:
- the smell of marijuana,
- the sight of drugs, or
- your admission of guilt.
Minor traffic violations such as a broken tail-light do not rise to the level of probable cause.4
See our related article, Can police in Nevada search your car without consent?
Police may search your car if they have probable cause to believe you are committing a crime.
5. Frisks
Police may frisk you without a warrant as long as they have reasonable suspicion that criminal activity is occurring (“reasonable suspicion” is a lower bar than “probable cause”). Police in Nevada typically never get a warrant prior to conducting a frisk.5
6. Defenses
Here at Las Vegas Defense Group, I have challenged literally thousands of search warrants in Nevada. The most common way is to file a pretrial motion called a motion to suppress evidence.
A motion to suppress argues that the search was illegal. The motion also asks the judge to disregard any evidence found during the illegal search.
If the police had a search warrant, the motion to suppress would point out how the warrant was invalid. In our experience, common reasons for warrant invalidity are:
- the warrant was overbroad,
- the warrant did not include an affidavit, or
- the warrant suffered from another facial or procedural defect
If the police did not have a search warrant, the motion would point out that no “warrant exception” existed that permitted the police to conduct a search.
When a judge grants a motion to suppress and throws out the evidence, the prosecution’s case may be severely weakened. The prosecutor may even choose to dismiss the case if they no longer have sufficient evidence to prove guilt beyond a reasonable doubt.6
7. Reading the Warrant
Nevada police are supposed to present the search warrant to you if your property is being searched. However, the police do not need to wait until you read it before beginning to search.7
8. Other Warrants
The following table compares and contrasts the different types of warrants in Nevada.
| Type of Warrant | Purpose | Issued By | Based On |
| Search Warrant | To search a specific location for specific evidence of a crime. | Judge or Magistrate | Probable cause to believe evidence is present |
| 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 Reading
For more in-depth information on search warrants, refer to these scholarly articles:
- The Execution of Search Warrants – Colorado Law Scholarly Commons.
- Search Warrants, Motions to Suppress and Lost Cases: The Effects of the Exclusionary Rule in Seven Jurisdictions – Journal of Criminal Law & Criminology.
- Press One for Warrant: Reinventing the Fourth Amendment’s Search Warrant Requirement through Electronic Procedures – Vanderbilt Law Review.
- The Search Warrant, the Magistrate, and Judicial Review – New York University Law Review.
- The Post-Riley Search Warrant: Search Protocols and Particularity in Cell Phone Searches – Vanderbilt Law Review.
Legal References:
- NRS 179.045; Fourth Amendment to the U.S. Constitution.
- See State v. Lloyd, 129 Nev. Adv. Op. 79 (2013); State v. Camancho, 119 Nev. 395 (2003); Grace v. Eighth Judicial District Court, 132 Nev. Adv. Op. 51 (2016); NRS 179.065. See also Alvarez v. State (Nev. 2024) 561 P.3d 23 (“Based on the plain language of the statutes, a motion to suppress on the ground that a warrant was illegally executed does not encompass a warrant that was properly executed but untimely returned.“)
- NRS 179.055.
- See State v. Lloyd, supra.
- See State v. Scott, 110 Nev. 622 (1994).
- NRS 179.085. See also State v. McCall (2022) 138 Nev. Adv. Op. 64 (“Protective sweeps are permissible to ensure officer safety, not as an end-run around obtaining a search warrant. In this opinion, we hold that a protective sweep does not require a prior arrest. “). See also Smith v. State (Nev. 2024) (“The issue presented in this case is whether the incorporation of a probable cause affidavit may broaden what can be searched or seized beyond the four corners of the search warrant. We conclude it cannot.“).
- NRS 179.075.