1. Property subject to forfeiture under NRS 179.1219 or 179.1229 may be seized by a law enforcement agency upon process issued by a court. Before an order of civil forfeiture is issued without legal process, notice of the claim for forfeiture of real property may be given in the manner provided in NRS 14.010 and 14.015. A seizure of personal property may be made without legal process if the seizure is incident to:
(a) A lawful arrest or search; or
(b) An inspection under an administrative warrant.
2. Property seized or made the subject of notice under this section is deemed to be in the custody of the agency, subject only to orders of the court which has jurisdiction over the proceedings for forfeiture. An agency which has seized such property without process shall begin proceedings for forfeiture promptly. Such an action takes precedence over other civil proceedings. The seized property is subject to an action to claim the delivery of the property if the agency does not file the complaint for forfeiture within 60 days after the property is seized. If a complaint for forfeiture is filed after an affidavit claiming delivery, the complaint must be treated as a counterclaim.
3. When property is seized pursuant to this section, pending forfeiture and final disposition, the law enforcement agency may:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(c) Require another agency authorized by law to take custody of the property and remove it to an appropriate location.
4. The district attorney or the Attorney General may institute civil proceedings under this section for the forfeiture of property subject to forfeiture pursuant to NRS 179.1229. The district attorney and the Attorney General shall determine by agreement between themselves which of them will institute such a proceeding in a particular case. If a district attorney or the Attorney General has not instituted such a proceeding or has not pursued one which was instituted in accordance with the agreement, the other may intercede after giving the prosecutor designated in the agreement 30 days’ written notice of the intention to do so. In any action so brought, the district court shall proceed as soon as practicable to the hearing and determination. Pending final determination in an action brought pursuant to this section, the district court may at any time enter such injunctions, prohibitions or restraining orders, or take such actions, including, without limitation, the acceptance of satisfactory performance bonds, as the court deems proper in connection with any property or interest subject to forfeiture.
5. Upon a finding of civil liability under this section, the court may order the forfeiture of the appropriate property.
(Added to NRS by 2007, 203; A 2013, 823)
Structure Nevada Revised Statutes
NRS 179.011 - "No-knock warrant" defined.
NRS 179.015 - "Property" defined.
NRS 179.025 - Authority for issuance.
NRS 179.035 - Grounds for issuance.
NRS 179.065 - Person charged with felony may be searched.
NRS 179.075 - Execution and return of warrant with inventory.
NRS 179.077 - Execution and return of warrant for collection of biological specimen.
NRS 179.079 - Additional requirements for execution of no-knock warrant.
NRS 179.085 - Motions for return of property and to suppress evidence.
NRS 179.095 - Return of papers to clerk.
NRS 179.11512 - "Property" defined.
NRS 179.11514 - Grounds for issuance and contents.
NRS 179.11518 - Return of property subject to attorney-client privilege.
NRS 179.1158 - "Claimant" defined.
NRS 179.1159 - "Plaintiff" defined.
NRS 179.1161 - "Proceeds" defined.
NRS 179.1162 - "Property" defined.
NRS 179.1163 - "Protected interest" defined.
NRS 179.11635 - "Willful blindness" defined.
NRS 179.1164 - Property subject to seizure and forfeiture; exceptions.
NRS 179.1165 - Seizure of property: Requirement of process.
NRS 179.1169 - Title in property; transfer.
NRS 179.1175 - Disposition of property after seizure and forfeiture.
NRS 179.118 - Distribution of proceeds from forfeited property.
NRS 179.1185 - Issuance of certificate of title for forfeited vehicle or other conveyance.
NRS 179.1205 - Annual reports by law enforcement agencies.
NRS 179.121 - Forfeiture of personal property and conveyances used in commission of crime.
NRS 179.1213 - "Proceeds" defined.
NRS 179.1215 - "Property" defined.
NRS 179.1217 - "Technological crime" defined.
NRS 179.1219 - Property subject to forfeiture; substitution for unreachable property.
NRS 179.1221 - Forfeiture as part of plea agreement.
NRS 179.1223 - Temporary restraining order to preserve property.
NRS 179.1225 - Orders to secure property.
NRS 179.1227 - Order of forfeiture; order to protect interests of State.
NRS 179.1235 - Limitation of actions.
NRS 179.125 - Stolen or embezzled property held by peace officer subject to magistrate’s order.
NRS 179.135 - Order for delivery to owner; payment of expenses.
NRS 179.155 - Court may order return of property to owner.
NRS 179.181 - Fugitives from justice; duty of Governor.
NRS 179.185 - Governor may investigate case.
NRS 179.189 - Extradition of persons not present in demanding state at time of commission of crime.
NRS 179.191 - Governor’s warrant of arrest.
NRS 179.193 - Manner and place of execution.
NRS 179.195 - Authority of arresting officer.
NRS 179.197 - Rights of accused person; application for writ of habeas corpus.
NRS 179.199 - Penalty for noncompliance with NRS 179.197.
NRS 179.201 - Confinement in jail or detention facility when necessary.
NRS 179.203 - Arrest before requisition.
NRS 179.205 - Arrest without warrant.
NRS 179.207 - Commitment to await requisition; bail.
NRS 179.209 - Bail: In what cases; conditions of bond.
NRS 179.211 - Extension of time of commitment; adjournment.
NRS 179.213 - Forfeiture of bail.
NRS 179.215 - Persons under criminal prosecution in this State at time of requisition.
NRS 179.217 - Guilt or innocence of accused: When inquired into.
NRS 179.219 - Governor may recall warrant or issue alias.
NRS 179.221 - Fugitives from this State; duty of Governor.
NRS 179.223 - Application for issuance of requisition: By whom made; contents.
NRS 179.225 - Costs and expenses.
NRS 179.227 - Immunity from service of process in certain civil actions.
NRS 179.229 - Written waiver of extradition proceedings.
NRS 179.231 - Nonwaiver by this State.
NRS 179.233 - No right of asylum; no immunity from other criminal prosecutions while in this State.
NRS 179.2405 - Declaration of public policy.
NRS 179.242 - "Agency of criminal justice" defined.
NRS 179.243 - "Disposition" defined.
NRS 179.244 - "Record" defined.
NRS 179.2445 - Rebuttable presumption that records should be sealed; exception.
NRS 179.245 - Sealing records after conviction: Persons eligible; petition; notice; hearing; order.
NRS 179.2595 - Sealing more than one record; procedure.
NRS 179.265 - Rehearing after denial of petition: Time for; appeal.
NRS 179.273 - Sealing of records after unconditional pardon: Automatic sealing; petition; no fee.
NRS 179.295 - Reopening of sealed records.
NRS 179.301 - Inspection of certain sealed records by certain persons and agencies.
NRS 179.310 - Reward for apprehension of robber.
NRS 179.315 - Use of authorized forms.
NRS 179.320 - Warrant of arrest.
NRS 179.335 - Motion for return of seized property and suppression of evidence.
NRS 179.340 - Bail: After arrest and before preliminary examination.
NRS 179.345 - Endorsement on warrant of arrest for commitment for preliminary examination.
NRS 179.350 - Discharge after preliminary examination.
NRS 179.355 - Commitment and bail after preliminary examination.
NRS 179.360 - Commitment where defendant held to answer after preliminary examination.
NRS 179.365 - Bail after preliminary examination and before arraignment.
NRS 179.380 - Warrant upon finding of presentment, indictment or information.
NRS 179.390 - Subpoena; subpoena duces tecum.
NRS 179.395 - Bench warrant after conviction.
NRS 179.400 - Undertaking on recommitment.
NRS 179.415 - "Aggrieved person" defined.
NRS 179.420 - "Contents" defined.
NRS 179.421 - "Electronic communication" defined.
NRS 179.423 - "Electronic communication service" defined.
NRS 179.425 - "Electronic, mechanical or other device" defined.
NRS 179.430 - "Intercept" defined.
NRS 179.435 - "Investigative or law enforcement officer" defined.
NRS 179.440 - "Oral communication" defined.
NRS 179.443 - "Peace officer" defined.
NRS 179.445 - "Person" defined.
NRS 179.450 - "State" defined.
NRS 179.451 - "Tracking device" defined.
NRS 179.455 - "Wire communication" defined.
NRS 179.458 - Provisions inapplicable to recording of certain telephone calls by public utility.
NRS 179.460 - Circumstances in which interception of communications may be authorized; immunity.
NRS 179.465 - Disclosure or use of intercepted communications.
NRS 179.475 - Order authorizing interception of communications: Contents; duration; extension.
NRS 179.480 - Progress reports to judge.
NRS 179.490 - Sealing of applications and orders; disclosure.
NRS 179.495 - Notice to parties to intercepted communications.
NRS 179.505 - Motion to suppress.
NRS 179.510 - Appeal by State from order granting motion to suppress.
NRS 179.530 - Order authorizing installation and use of pen register or trap and trace device.
NRS 179.535 - Receipt for property taken from person arrested for public offense.