1. Except as otherwise provided in 18 U.S.C. §§ 3121-3127, a person shall not install or use a pen register or trap and trace device without first obtaining an order from a district court of this State.
2. District courts of this State may issue orders authorizing the installation and use of a pen register or trap and trace device upon the application of a district attorney, the Attorney General or their deputies or of a peace officer, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127.
3. The district court may accept a facsimile or electronic copy of the signature of any person required to give an oath or affirmation as part of an application submitted pursuant to subsection 2 as an original signature to the application.
4. Secure electronic transmission may be used for the submission of an application and affidavit required by subsection 2 and for the issuance of an order authorizing the installation and use of a pen register or trap and trace device. The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this subsection.
5. A public utility that relies, in good faith, upon an order of a district court authorizing the installation and use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the installation and use of the pen register or trap and trace device in accordance with the order of the court.
6. As used in this section:
(a) "Peace officer" means:
(1) Sheriffs of counties and metropolitan police departments and their deputies;
(2) Personnel of the Department of Public Safety who have the powers of peace officers pursuant to NRS 289.270;
(3) Police officers of cities and towns;
(4) Agents of the Nevada Gaming Control Board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
(5) Special investigators employed by the Attorney General who have the powers of peace officers pursuant to NRS 289.170;
(6) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 289.170;
(7) The Inspector General of the Department of Corrections and the criminal investigators employed by the Department who have the powers of peace officers pursuant to NRS 289.220; and
(8) Federal law enforcement officers who are members of a task force composed of federal and state or local law enforcement agencies.
(b) "Pen register" has the meaning ascribed to it in 18 U.S.C. § 3127(3).
(c) "Secure electronic transmission" means the sending of information from one computer system to another computer system in such a manner as to ensure that:
(1) No person other than the intended recipient receives the information;
(2) The identity and signature of the sender of the information can be authenticated; and
(3) The information which is received by the intended recipient is identical to the information that was sent.
(d) "Trap and trace device" has the meaning ascribed to it in 18 U.S.C. § 3127(4).
(Added to NRS by 1989, 1134; A 1991, 969; 1993, 83, 2528; 2001, 2573; 2011, 21, 726; 2021, 214)
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.