ARREST WARRANTS

 

In the State of Nevada, police are generally required to obtain a warrant from a judge in order to arrest the suspect of a crime committed outside the officer's presence. An arrest warrant allows police to apprehend and detain a suspect, so long as there is probable cause to believe that he or she committed a criminal offense, despite not having witnessed the same.

 

To be valid in Nevada, an arrest warrant must:

• be properly signed by the judge;

• contain either the name of the defendant or a description that allows police to identify him or her with reasonable certainty;

• state the date of its issuance and the county, city or town where it was issued;

• describe the offense charged in the complaint; and

• command that the defendant be arrested and brought before the nearest available judge.

 

Nevada arrest warrants may only be issued in one of two ways: 

1. presentment by police or the District Attorney of probable cause; or

2. grand jury indictment.

 

(See: NRS 171.108)

 

BENCH WARRANTS

 

Unlike arrest warrants, which are issued by a judge to mark the beginning of a criminal case, bench warrants are issued during a criminal case when a judge feels the defendant neglected to follow judicial procedure. In other words, while law enforcement must formally request the judge to issue an arrest warrant, bench warrants are initiated by judges themselves.

 

A judge may issue a bench warrant if he or she finds you in "contempt of court." 

 

Common offenses that may cause a Clark County judge to find you in contempt of court are:

• missing a court date;

• not paying a fine, attending counseling, or completing community service;

• neglecting to follow any other court order

 

(See: NRS 22.010)

 

SEARCH WARRANTS

 

Search warrants are different from both arrest and bench warrants. Like an arrest warrant, a search warrant is usually requested by law enforcement. Once issued by a judge, a search warrant allows police to search for evidence of an alleged crime.

 

As provided by the U.S. Constitution, all searches must be based on probable cause that a crime has been committed. Furthermore, police may not conduct searches without first being issued a search warrant by the court. In Nevada, however, there are a few exceptions:

• Hot Pursuit: If a suspected criminal flees the scene of the crime, police typically do not need to secure a search warrant.

• Exigent Circumstances: In emergency situations, police are usually allowed to conduct searches and seizures without first obtaining a search warrant.

• Consent: If someone freely and voluntarily consents to being searched, it is not necessary for police to obtain a search warrant.

• Traffic Stops: If police pull a vehicle over for a traffic violation, they usually don't need a search warrant to search the vehicle, provided they have probable cause to suspect it is holding contraband or criminal evidence.

 

To be valid in Las Vegas, Nevada, a search warrant must be specific and reasonable.

 

(See NRS 179.015, NRS 170.025)

 

CLEARING, QUASHING & INVALIDATING WARRANTS

 

Much like the procedure for obtaining each type of warrant varies, so does the process of having each recalled or invalidated.

 

Whether you are looking to have your arrest warrant cleared, your bench warrant quashed, or to suppress evidence found from a search warrant, Buchanan Defense Law has the knowledge, experience, and tools to help. Call us today to discuss your specific needs regarding your warrant.