In Nevada, a search warrant permits police to search an area in an effort to find evidence of a crime. Judges may issue search warrants only if the police include an affidavit showing “probable cause” of 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 unlawful, 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 will address the following key issues regarding Nevada search warrants:
- 1. Timing of Searches
- 2. Warrantless Searches
- 3. Refusing Home Searches
- 4. Refusing Car Searches
- 5. Frisks
- 6. Defenses
- 7. Reading the Warrant
- 8. Arrest & Bench Warrants
- Frequently Asked Questions
- Additional Reading
1. Timing of Searches
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 10 days to execute a search warrant.1
2. Warrantless Searches
In some circumstances, Nevada police do not have to get a warrant prior to conducting a 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
Search warrants are not always necessary if an exception applies.
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 taillight 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 unlawful. The motion also asks the judge to disregard any evidence found during the unlawful 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
You have the right to read any search warrants of your property.
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. Arrest & Bench Warrants
Whereas search warrants allow police to seize evidence of crimes, arrest warrants allow police to seize criminal suspects. Both types of warrants must be based on probable cause, and both must be requested by law enforcement: The judge cannot issue them otherwise.
Meanwhile, the purpose of bench warrants is to arrest defendants who have violated judicial orders (such as by missing court). Unlike with arrest- and search warrants, judges can issue bench warrants without being requested to by law enforcement.
In Nevada, search warrants are supposed to specify the place(s) to be searched and the item(s) to be seized.
Frequently Asked Questions
Can police search my home without a warrant?
Police cannot search your home without a warrant unless you give consent or there is an emergency situation (like hot pursuit of a suspect). If police have a valid search warrant, you cannot refuse the search, and they can use reasonable force to enter if you don’t comply.
What happens if police search my car during a traffic stop?
Police can search your car without a warrant if they have probable cause to believe you are involved in a crime. Examples include smelling marijuana, seeing drugs, or if you admit guilt. However, minor traffic violations like a broken taillight don’t give them probable cause to search.
How can I challenge evidence found during an unlawful search?
You can file a “motion to suppress” asking the judge to throw out evidence from an unlawful search. If the judge agrees the search was unlawful, the evidence cannot be used against you. This often weakens the prosecution’s case and may lead to charges being dismissed.
Do I have to let police read me the search warrant before they start searching?
Police must show you the search warrant if they are searching your property, but they do not have to wait for you to read it before starting the search. The warrant should specify what places can be searched and what items they are looking for.
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.
Learn more about types of Nevada warrants.
Legal References:
- NRS 179.045; Fourth Amendment to the U.S. Constitution.
- See State v. Lloyd (2013) 129 Nev. Adv. Op. 79; State v. Camacho (2003) 119 Nev. 395; Grace v. Eighth Judicial District Court (2016) 132 Nev. Adv. Op. 51; 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.