Active warrants from Nevada are issued in keeping with the Revised Statues of the State. NRS171.102 states that an order for detention can only be issued on the consideration of a complaint filed by the police. This is defined as a petition for the issue of an arrest warrant along with a sworn declaration or oath. Sworn testimony may also be attached to the complaint.
The petition for the issue of the active warrant can be filed with the county clerk’s office or electronically. In the case of the latter, the clerk will acknowledge receipt of the document by returning it electronically with an electronic time stamp on it.
Arrests are defined by NRS 171.104 which states that the custodial detention of a person in any case and manner authorized by the law is what qualifies as an arrest. A member of a law enforcement agency or a private person can effect such detentions. Arrests can occur with or without an outstanding warrant.
The issuance of arrest warrants upon complaint
NRS 171.106 states that an arrest warrant must be issued by a magistrate when the citation or the complaint filed by the police is enough to bring out the probable cause for suspecting the involvement of the accused in the crime. The affidavit submitted by the police must clearly show that an offense, which is triable under state laws, has been committed and was commissioned by the person in question.
If the district attorney so requests, a summons can be issued in place of an arrest warrant. However, the release of an active warrant will quickly follow if the summons is disobeyed. All active warrants from NV will bear information such as:
- The name of the magistrate’s office that issued the warrant
- Name of the defendant
- Signature of the magistrate
- Date and place of issue
- Description of the offense committed
- Command that the defendant be taken into police custody and brought before the nearest magistrate
The execution of arrest warrants from NV
All warrants are directed at peace officers working with a law enforcement agency within the state of NV or elsewhere. Pursuant to NRS 171.118, there are no territorial limits imposed on arrest warrants, meaning these orders can be served at any place within the state of Nevada. An order for detention is said to be executed only when arrests are made under its provisions, More than one arrest warrant can be issued on the basis of a single complaint or citation. However, a warrant will always be against a single person.
When arrests are being made in connection with NV outstanding warrants, the police officer needs to advise the defendant of the existence of such orders. Still, he/she need not have the directive in his possession when effecting the detention. While taking the accused into custody, the officer has to clearly state his intention of apprehending the accused and the charges under which he is being arrested. Although the use of physical force is allowed when arresting suspects, the defendant must not be subjected to any more restraint than necessary.
Finding information on NV arrest warrants
One way to look for details on outstanding warrants from the different geographical divisions of the state is to scour the website of the local sheriff’s office.