Nevada Warrant Search

Nevada Warrant Search
What is a Nevada Warrant Search?
How To Conduct a Warrant Search in Nevada
Are Nevada Warrant Records Publicly Accessible?
How Are Warrants Issued in Nevada?
Common Types of Warrants in Nevada
How Long Are Warrants Valid in Nevada?
How To Find Out If You Have a Warrant in Nevada
FAQ

A warrant search in Nevada involves searching Nevada databases that hold warrant records to determine whether an individual has any outstanding warrants against them. The information gathered from a warrant search may include the person's name, birthdate, offense, charge, bond information, and court information. You may conduct a warrant search as part of a general due diligence process or to gather publicly available information about an individual.

What is a Nevada Warrant Search?

In Nevada, warrant searches are conducted to locate warrants that have been issued and/or executed inside the state. A warrant search in Nevada can be carried out online or in person. Warrants are court-issued documents that provide law enforcement with the authority to carry out particular actions like conducting a search, seizing property, or making an arrest. Warrants have several kinds, such as arrest, search, and bench warrants, and are issued by judges or magistrates in the state. They are crucial to the administration of justice.

The Nevada Public Records Act, popularly known as the NPRA, stipulates that Nevada warrants are public and accessible to anyone who wishes to see them. However, warrant records containing sensitive information are confidential. For example, warrants that could compromise an active criminal investigation may be sealed from the public.

How To Conduct a Warrant Search in Nevada

Anyone looking to conduct warrant searches in Nevada can use databases maintained by the Nevada State Police Investigation Division. They might also check with the local courts and the county sheriff's office where the warrant was issued. These provide information on court-issued warrants in local and statewide jurisdictions.

County Sheriff's Offices and Local Police Departments

In Nevada, you can look up a warrant by getting in touch with the local police department or sheriff's office in the county where the warrant was issued. On their official websites, some agencies offer information about how to obtain warrant information or provide a wanted list. These agencies may include :

Clark County provides a list of local municipal and justice courts you can contact
The Carson City Sheriff's Office provides a wanted list
Elko County Sheriff's Office provides a most wanted list
Humboldt County Sheriff's Office provides an active warrant list
Storey County Sheriff's Office provides information on how to check for outstanding warrants
Washoe County Sheriff's Office provides a most wanted list

Are Nevada Warrant Records Publicly Accessible?

Warrants are considered public records under the Nevada Public Records Act (NPRA). You may access warrant records in the state by looking through the Nevada State Police Investigation Division databases, as well as databases kept by local law enforcement agencies.

However, records that include sensitive information are confidential despite these legal stipulations of the NPRA. The public may also be denied access to warrants if publicizing those records could jeopardize an ongoing criminal investigation, or are juvenile records or otherwise sealed.

How Are Warrants Issued in Nevada?

The judges and magistrates in Nevada are responsible for issuing warrants in the state. The peace officer initiating the request for a warrant must prepare and submit a warrant application to the judge. This may be done manually (in writing) or electronically. The application must contain the name or description of the subject of the warrant, as well as the grounds for the warrant. After reviewing the application, the judge or magistrate determines if there is probable cause. Provided all legal conditions are met, the court will grant the warrant.

Probable Cause Determination

This refers to a valid reason to suspect someone of committing a crime, enough to want to look into it further. Before a court issues a warrant, law enforcement must establish probable cause. Probable cause may be based on witness accounts, physical evidence discovered after an investigation, or other reliable information. An affidavit outlining the facts and circumstances that have led the law enforcement to conclude there is probable cause must be provided by the peace officer obtaining the warrant.

Issuance by a Judge or Magistrate

Once probable cause has been established, the next step is to authorize and issue the warrant. The affidavit and any accompanying documentation must be presented by the peace official in front of a judge with jurisdiction. The judge will sign the warrant allowing the intended action if they are satisfied with the application.

Entry into Law Enforcement Databases

When a warrant is issued in Nevada, it is typically submitted to the appropriate databases. These include the Nevada wanted database and the Nevada fugitives database, which primarily list individuals wanted for violations such as breaking parole or probation conditions, or escaping custody. Many sheriff's offices in Nevada maintain internal databases that include warrants issued within their jurisdictions.

Common Types of Warrants in Nevada

Nevada judges issue a variety of warrants, each with a specific function. The most issued kinds of warrants in the state are as follows:

Arrest Warrant: This is a formal court order that instructs a peace officer to arrest a person they believe is guilty of a crime.
Bench Warrant: The judge issues this type of warrant when a defendant fails to appear for a scheduled court date.
Search Warrant: This is a court-approved written order that gives a peace officer permission to search a place, an item, or a person to find evidence of crime or illegal items.
Recall Warrant: This gives the governor of Nevada the authority to issue a fresh arrest warrant if needed or to recall an existing one.
Capias Warrant: This allows law enforcement to hold someone until they can appear in court.
Fugitive Warrant: This allows law enforcement to capture someone who has escaped to another state to avoid punishment.

Arrest Warrants in Nevada

Based on sufficient proof of the alleged offense, judges in Nevada issue arrest warrants to enable law enforcement to arrest people who are suspected of committing crimes. As stipulated in NRS 171106-108, an arrest warrant in Nevada must:

Be accompanied by the magistrate's signature and the office name;
Include the defendant's name or, if it is unknown, any name or description that would enable a reasonable identification of the defendant;
Indicate the county, city, or town where it was issued, along with the date of issuance;
Name the offense;
Order the defendant to be taken into custody and brought before the closest magistrate;
Indicate if a no-knock warrant is issued.

A "no-knock warrant" gives the peace officer the authority to enter a building without knocking, ringing the doorbell, or announcing their intention in advance.

Bench Warrants

A bench warrant is an order issued by a judge or magistrate when someone disobeys court orders. It directs state-wide law enforcement officials, including sheriffs, constables, marshals, police officers, and other peace officers, to capture the person and bring them before the court. Bench warrants in Nevada are typically issued when an individual ignores court-mandated duties or fails to show up for a scheduled court hearing.

Search Warrants

A Nevada search warrant is a court order enabling law enforcement to search a specific area for evidence of criminal activity. The issuance of a search warrant in Nevada depends on law enforcement's ability to establish probable cause that criminal activity has occurred and needs to be further investigated. The search warrant must also specify the precise location for the search and the specific items or information that authorities are looking for.

Capias Warrants

A capias warrant allows law enforcement to hold someone until they can appear in court. It is issued by judges when someone is found guilty through a court appearance, plea, or sentence, fails to pay a fine, or fails to meet specific duties within the designated time frame. This type of warrant is typically resolved by either paying the amount owed or serving the required period. Capias warrants fall into one of two categories: pro fine or civil. A civil capias is used in civil proceedings, while a capias pro fine is associated with criminal prosecutions.

How Long Are Warrants Valid in Nevada?

Arrest and bench warrants in Nevada usually don't expire and stay in effect till they are executed, while search warrants expire regardless of execution. Search warrants in Nevada expire ten days after the date it was issued. As such, they must be executed and returned within that period. However, warrants for collecting biological specimens have a longer validity term of six months from the date of issuance.

How To Find Out If You Have a Warrant in Nevada

To find out whether you have any outstanding warrants in Nevada, get in touch with the local police department or sheriff's office where the warrant was issued. You may be able to access internet databases and warrant search directories from some of these sheriff's offices and police departments throughout Nevada. For instance, the official websites of the sheriff's offices in Carson City, Elko County, Humboldt County, and Storey County have wanted lists. You may also get Information regarding the status of a warrant over the phone or in person from local courts in various counties. Note that if you make an in-person visit, you would need to provide photo identification.

FAQ

Can Police Search Your Car Without a Warrant in Nevada?

In Nevada, police officers are permitted to search your vehicle without a warrant in the following situations:

Probable Cause: If the authorities have a good basis to think that a crime is being committed, they are allowed to search your vehicle. For instance, if they detect the smell of alcohol or drugs in your car, they may search it without a warrant. They may search the storage, driver's area, back seat, trunk, and other containers that might be concealing illicit items or evidence of criminal conduct.
Consent: A police officer may search your vehicle without a warrant if you permit them to do so. Saying yes means you have waived your Fourth Amendment rights. Anything they discover, no matter how small, can now be used against you.
Plain View: If a police officer suspects that you have committed a crime based on what they see, smell, or hear, they may search your car without a warrant.
Search Incident to Arrest: If you are arrested while in your car, the police may search it. The purpose of the search could be to ensure that the vehicle is free of weapons and anything that could pose a threat to the officer.
Inventory Searches Following a Tow: Police have the right to perform an inventory search to record your property if your car is seized. Although this is essentially an administrative search rather than an investigative one, any damaging information discovered during the process may still be used as evidence.

How Long Does It Take to Get a Search Warrant in Nevada?

How long it takes to get a search warrant largely depends on the court and the peace officer applying for the warrant. For a speedy process, the peace officer must ensure that they submit all required documents so that the court does not delay the application. The magistrate, in their part, must also act quickly after receiving the application to grant the search warrant.

Although Nevada doesn't give a precise deadline, it mandates that warrants be executed and returned within 10 days of being issued. The application and affidavit may be sent via secure electronic transfer, which would expedite the procedure.

What Happens After a Search Warrant Is Executed?

The NRS-175 outlines how a search warrant is to be executed in Nevada. During execution, law enforcement may break into the search area if they are not allowed in after identifying themselves. However, they cannot carry out a no-knock search, where they come into the search area without first knocking and announcing their presence, if they did not specifically state that they need to do so in their application.

They are not allowed to carry out body cavity searches on the individual they find in the search area. "Body cavity search" means the touching or probing of the rectum or vagina of a person, regardless of whether or not there is actual penetration of those parts. Officers may search a felon found in the search area who is believed to have a weapon.

The officer taking property under the warrant must give to the person whose premises are being searched a copy of the warrant and a receipt for the property taken. They must return promptly with a written inventory of any property taken. The inventory must be made in the presence of the applicant for the warrant and the person whose property was searched, if they are present.

A person aggrieved who believes an unlawful search and seizure has been done can petition the court on the ground that:

The property was illegally seized without a warrant.
The warrant is insufficient on its face.
There was no probable cause for believing the existence of the grounds on which the warrant was issued.
The warrant was illegally executed.
Retention of the property by law enforcement is not reasonable under the totality of the circumstances.