1. Except as otherwise provided in subsections 5 and 6, a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
2. A private person making an arrest without a warrant shall deliver the arrested person without unnecessary delay to a peace officer. Except as otherwise provided in subsections 5 and 6 and NRS 171.1772, the peace officer shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
3. If an arrested person is not brought before a magistrate within 72 hours after arrest, excluding nonjudicial days, the magistrate:
(a) Shall give the prosecuting attorney an opportunity to explain the circumstances leading to the delay; and
(b) May release the arrested person if the magistrate determines that the person was not brought before a magistrate without unnecessary delay.
4. When a person arrested without a warrant is brought before a magistrate, a complaint must be filed forthwith.
5. Except as otherwise provided in NRS 178.484 and 178.487, where the defendant can be admitted to bail without appearing personally before a magistrate, the defendant must be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.
6. A peace officer may immediately release from custody without any further proceedings any person the peace officer arrests without a warrant if the peace officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person arrested. Any record of the arrest of a person released pursuant to this subsection must also include a record of the release. A person so released shall be deemed not to have been arrested but only detained.
(Added to NRS by 1967, 1404; A 1971, 574; 1975, 1201; 1979, 323, 1190; 1997, 3356; 2001, 2023)
Structure Nevada Revised Statutes
Chapter 171 - Proceedings to Commitment
NRS 171.010 - Jurisdiction of offense committed in State.
NRS 171.020 - Act within this State culminating in crime in this or another state.
NRS 171.025 - Death by dueling.
NRS 171.030 - Offense committed partly in one county and partly in another.
NRS 171.035 - Offense committed on or near boundary.
NRS 171.045 - Offenses concerning animals ranging in two or more counties.
NRS 171.055 - Bigamy and incest.
NRS 171.075 - Conviction or acquittal in another county is bar where venue is concurrent.
NRS 171.079 - Text of Compact.
NRS 171.085 - Limitations for felonies.
NRS 171.090 - Limitations for gross and simple misdemeanors.
NRS 171.100 - Indictment found when it is presented and filed.
NRS 171.101 - "No-knock warrant" defined.
NRS 171.102 - Complaint defined; oath or declaration required.
NRS 171.103 - Court clerk may accept complaint filed electronically; procedure; service.
NRS 171.104 - Arrest defined; by whom made.
NRS 171.108 - Contents of warrant of arrest.
NRS 171.112 - Contents of summons.
NRS 171.114 - Execution of warrant and service of summons: By whom.
NRS 171.116 - When magistrate may depute person to act as constable.
NRS 171.118 - Execution of warrant and service of summons: Territorial limits.
NRS 171.1225 - Peace officer to provide information to suspected victims of domestic violence.
NRS 171.1231 - Arrest if probable cause appears.
NRS 171.1232 - Search to ascertain presence of dangerous weapon; seizure of weapon or evidence.
NRS 171.1233 - Recording of law enforcement activity.
NRS 171.124 - Arrest by peace officer or officer of Drug Enforcement Administration.
NRS 171.1245 - Arrest by agent of Federal Bureau of Investigation or Secret Service.
NRS 171.1257 - Arrest by postal inspector of United States Postal Inspection Service.
NRS 171.126 - Arrest by private person.
NRS 171.132 - Person making arrest may summon assistance.
NRS 171.136 - When arrest may be made.
NRS 171.137 - Arrest required for suspected battery constituting domestic violence; exceptions.
NRS 171.1375 - Arrest of person suspected of battery upon certain persons.
NRS 171.138 - Breaking open door or window: Making arrest.
NRS 171.142 - Breaking open door or window: Upon detention after making arrest.
NRS 171.144 - Breaking open door or window: Retaking person arrested.
NRS 171.1455 - Use of deadly force to effect arrest: Limitations.
NRS 171.146 - Weapon may be taken from person arrested.
NRS 171.148 - Warrant of arrest by telegram authorized.
NRS 171.153 - Right of person arrested to make telephone calls.
NRS 171.1536 - Arrest of person with communications disability: Interpreter to be made available.
NRS 171.1537 - Arrest of person with disability: Right to communicate by mail or telephone.
NRS 171.158 - Arrests within this State by foreign officers; hearing before magistrate.
NRS 171.162 - Duty of Secretary of State.
NRS 171.172 - When officer may arrest.
NRS 171.174 - Procedure after arrest.
NRS 171.177 - When person detained must be taken before magistrate.
NRS 171.1771 - Issuance of citation when person detained by peace officer.
NRS 171.1772 - Issuance of citation after arrest by private person.
NRS 171.1773 - Form and contents of citation: When person detained by peace officer.
NRS 171.1774 - Form and contents of citation: When issued after arrest by private person.
NRS 171.1777 - Issued citations: Audit of records.
NRS 171.1778 - Citation filed with court deemed complaint for purpose of prosecution.
NRS 171.1779 - NRS 171.177 to 171.1779, inclusive, not applicable to violations of traffic laws.
NRS 171.178 - Appearance before magistrate; release from custody by arresting officer.
NRS 171.182 - Proceedings before another magistrate.
NRS 171.184 - Proceedings upon complaint for offenses triable in another county.
NRS 171.1845 - Proceedings upon discovery of another arrest warrant outstanding in another county.
NRS 171.186 - Rights of defendant before preliminary examination.
NRS 171.188 - Procedure for appointment of attorney for indigent defendant.
NRS 171.192 - Certification of bail; discharge of defendant.
NRS 171.194 - Procedure when arrest for capital offense.
NRS 171.198 - Reporting testimony of witnesses.
NRS 171.204 - Exclusion of persons; exceptions.