Nevada Criminal Procedure

Front 1

Right to Indictment by Grand Jury

Back 1

The Nevada Constitution creates a right to indictment by a grand jury for capital and infamous (federal) crimes.

Front 2

Custodial Arrest During Traffic Stop

Back 2

An officer has discretion during a minor traffic offense to issue a traffic citation or make a full custodial arrest. However, to make an arrest the officer must have probably cause that a traffic offense has been committed and that special circumstances require immediate arrest.

Front 3

Investigatory Detention Duration

Back 3

A person may not be detained longer than 60 minutes. If a person is not released within 60 minutes, the detention becomes unreasonable per se and ripens into an arrest for which probable cause is necessary.

Front 4

Cell Phone Data for Execution of an Arrest Warrant

Back 4

If law enforcement officers have an arrest warrant, they do not need a separate search warrant to obtain real-time cellular phone geopositioning data from the suspect's cellular phone company to locate the suspect and arrest him.

Front 5

Consent to Warrantless Search

Back 5

Stepping away from a doorway, without more, does not constitute cosent to a warrantless search of a home, and an occupant of a home need not physically block a police officer's entry to indicate a lack of consent to a warrantless search.

Front 6

Warrantless Entry to Prevent Destruction of Evidence

Back 6

Mere fear or apprehension alone that evidence will be destroyed before a warrant can be obtained will not justify warrantless entry of a private home.

Front 7

Exigency of Destruction of Evidence to Support Warrantless Entry Depends on:

Back 7

1. Degree of urgency involved and amount of time necessary to obtain a warrant

2. Reasonableness of belief that contraband is about to be removed

3. Possibility of danger to police guarding the site while the search warrant is sought

4. Information indicating the possessors of contraband are aware that the police are on their trail

5. Ready destructibility of contraband and knowledge that efforts to dispose of narcotics and to escape are characteristic behavior of persons engaged in narcotics trafficking

Front 8

Non-Police Government Entities Compelling Statements

Back 8

Statements to a social worker were not compelled in violation of Miranda because the goal of social work is to reunite the family, not compel incriminating testimony.

Front 9

Right to Bail

Back 9

Bail must be available except in cases involving capital crimes or murders punishable by life imprisonment without the possibility of parole when proof is evidence or the presumption is great.

Front 10

Discovery for Criminal Defendants

Back 10

The prosecutor must provide a defendant charged with a felony or gross misdemeanor discovery when the defendant appears before a magistrate after arrest or as soon as practicable, but in no event less than five days before a preliminary hearing.

Front 11

Unanimity of Jurors

Back 11

In criminal cases in Nevada, a unanimous verdict is required.

Front 12

Right to Confront Witnesses at Preliminary Hearings

Back 12

Nevada provides a qualified statutory right to cross-examination at a preliminary hearing. The right is subject to exception allowing affidavits to be used when the witnesses reside more than 100 miles from the location of the hearing.

Front 13

Dying Declarations

Back 13

A dying declaration is an exception to a defendant's Sixth Amendment rights under the Confrontation Clause.

Front 14

Testimony Regarding the Presence of Controlled Substances

Back 14

Nevada allows a declarant to testify by audiovisual transmission when testimony is required to admit an affidavit or declaration regarding the presence of a controlled or other prohibited substance.