1. Except as otherwise provided by specific statute:
(a) And except as otherwise provided in paragraph (b), a law enforcement agency which has custody of property shall, if the agency knows or can reasonably discover the name and address of the owner or the person entitled to possession of the property, notify the owner or the person entitled to possession of the property by letter of the location of the property and the method by which the owner or the person entitled to possession of the property may claim it.
(b) If the property was obtained from a pawnbroker pursuant to NRS 646.047, the law enforcement agency shall, in addition to notifying the persons described in paragraph (a), notify the pawnbroker from whom it was obtained.
(c) With respect to stolen or embezzled property, the notice must be mailed by certified or registered mail:
(1) Upon the conviction of the person who committed the offense;
(2) Upon the decision of the police or district attorney not to pursue or prosecute the case; or
(3) When the case is otherwise terminated.
(d) If the property is not claimed by the owner or the person entitled to possession of the property before the expiration of 6 months after the date the notice is mailed or, if no notice is required, after the date notice would have been sent if it were required, the magistrate or other officer having it in custody shall, except as otherwise provided in this paragraph, on payment of the necessary expenses incurred for its preservation, deliver it to the county treasurer, who shall dispose of the property as provided in paragraph (e). If a metropolitan police department which is organized pursuant to chapter 280 of NRS has custody of the property, the sheriff of the department may take any of the actions set forth in paragraph (f) or deliver the property to the county treasurer and accept the net proceeds, if any, from the disposition of the property pursuant to paragraph (e) in lieu of the payment of expenses incurred for the property’s preservation.
(e) Upon receiving property pursuant to paragraph (d), the county treasurer shall petition the district court for an order authorizing the county treasurer to:
(1) Conduct an auction for the disposal of salable property;
(2) Dispose of property not deemed salable by donations to charitable organizations or by destruction;
(3) Destroy property the possession of which is deemed illegal or dangerous; or
(4) Dispose of property not purchased at an auction by donations to charitable organizations or by destruction.
(f) A sheriff of a metropolitan police department may:
(1) Conduct an auction for the disposal of salable property;
(2) Dispose of property not deemed salable by donations to charitable organizations or by destruction;
(3) Destroy property the possession of which is deemed illegal or dangerous; or
(4) Dispose of property not purchased at an auction by donations to charitable organizations or by destruction.
(g) Before disposing of any property pursuant to paragraph (f), a metropolitan police department shall file a sworn affidavit with the district court attesting that the metropolitan police department:
(1) Knows or has made a reasonable effort to discover the name and address of the owner or the person entitled to possession of the property;
(2) Has made a reasonable effort to notify the owner or the person entitled to possession of the property of the location of the property and the method by which the owner or the person entitled to possession of the property may claim the property; and
(3) Has complied with all requirements of this section pertaining to disposal of the property.
(h) Records of the property disposed of by sale, destruction or donation and an accounting of the cash received by the county treasurer from the sales must be filed with the county clerk.
(i) A metropolitan police department which disposes of property pursuant to paragraph (f) shall:
(1) Perform an annual audit of the disposition of that property; and
(2) Present a report of that audit to the metropolitan police committee on fiscal affairs created pursuant to NRS 280.130.
2. As used in this section, "property" means any property that is owned by another person or that another person is entitled to possess which:
(a) Is in the custody of a law enforcement agency;
(b) Has been stolen, embezzled, lost, found, abandoned or unclaimed; and
(c) Is otherwise unrelated to an active criminal case.
(Added to NRS by 1967, 1461; A 1973, 565; 1989, 382; 1999, 753; 2017, 367)
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.