SB 50 — Revises provisions relating to warrants. (BDR 14-405)

Upon a complaint against a corporation, the magistrate must issue a summons, signed by the magistrate, with the magistrate’s name of office, requiring the corporation to appear before thethe’s magistrate at a specified time and place to answer the charge, the time to be not less than 10 days after the issuing of the summons.

- *SB50_R1* – 5 – If the peace officer does not have a warrant in the peace officer’s possession at the time of the arrest, the peace officer shall then inform the defendant of the peace officer’s intention to arrest the defendant, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued.

The defendant must not be subjected to any more restraint than is necessary for the defendant’s- arrest81st andSession detention.(2021) – 5 – forcibly resists, the peace officer may, except as otherwise provided in NRS 171.1455, use only the amount of reasonable force necessary to effect the arrest.

If the defendant either flees or forcibly resists, the peace officer may, except as otherwise provided in NRS 171.1455, use only the amount of reasonable force necessary to effect the arrest.

(3) Use only the amount of force reasonably necessary to enter the premises;

and amount of force reasonably necessary to (4) As soon as practicable after entering the premises, identify the presence of the peace officers and state the purpose of the peace officers for entering the premises.

and (e) The peace officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court.court.e that the [3.

[3.

A summons must be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendant’s dwelling house or usual place of abode with some person then - *SB50_R1* – 6 – residing in the house or abode who is at least 16 years of age and is of suitable discretion, or by mailing it to the defendant’s last known address.

In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering- a81st copySession to(2021) an– officer6 or– to a managing or general agent or to any other agent authorized by appointment or by law to receive or service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporation’s last known address within the State of Nevada or at its principal place of business elsewhere in the United States.

(b)(c) AttachReturn the warrant and citation to the citationmagistrate issuedbefore thereon;whom the defendant is scheduled to appear.

and (c) Return the warrant and citation to the magistrate before whom the defendant is scheduled to appear.

As used in NRS 179.015 to 179.115, inclusive, and sections 1.8 to 2.5, inclusive, of this act, the words and terms definedmeanings inascribed NRSto 179.015them andin sectionthose 1.9sections.is of this act have the meaningsSec. ascribed to them in those sections.

Sec.

or - *SB50_R1* – 7 – 2.

Sec.- 81st Session (2021) – 7 – to search the person or place named in the search warrant unless an affidavit sworn to before the magistrate:

2.

1.

A magistrate shall not issue a no-knock warrant to search the person or place named in the search warrant unless an affidavit sworn to before the magistrate:

(c) States whether the no-knock warrant can be executed during the day and, if it cannot, describes with specificity the factual circumstances that preclude the no-knock warrant from being executed during the day;

andande the no-knock warrant from (d) Certifies that the no-knock warrant will be executed under the guidance of a peace officer who is trained in the execution of search warrants.

A peaceno-knock officerwarrant shallissued notpursuant deliberatelyto misrepresent a material fact or omit material information in any affidavit described in subsection 1,1 and if the affidavit is basedvoid uponif: a deliberately misrepresented fact or an omission of material information, the magistrate shall reject the affidavit.

(a) A peace officer deliberately misrepresents a material fact or deliberately omits material information in an affidavit in support of an application for the no-knock warrant;

and (b) When the misrepresented material fact is excluded or the omitted material information is included, the affidavit does not meet the criteria set forth in paragraphs (a) to (d), inclusive, of subsection 1.

In addition to the requirements for the execution of a search warrant described in NRS 179.075 and 179.077, if the search warrant is a no-knock warrant, the peace officers involved in the execution of the no-knock warrant shall:

(a) Before executing the no-knock warrant, determine whether the circumstances necessitate that the search be effectuated in the manner prescribed by the no-knock warrant and, if they do not, the peace officers shallinvolved not1. effectuate the search in such a manner;

andBefore (b)executing Inthe executingno-knock warrant, determine whether the circumstances necessitate that the search be effectuated in the manner prescribed by the no-knock warrant:warrant and, if they do not, the peace officers shall not effectuate the search in such a manner;

(1)and Wear2. prominent insignia that renders the peace officers readily identifiable as peace officers;

(2)In Wearexecuting a portable event recording device in accordance with the requirementsno-knock describedwarrant: in NRS 289.830;

-(a) *SB50_R1*Wear –prominent 8insignia –that (3)renders Use only the amountpeace ofofficers forcereadily reasonablyidentifiable necessaryas topeace enterofficers; the premises;

and- (4)81st AsSession soon(2021) as– practicable8 after– entering(b) theWear premises,a identifyportable theevent presencerecording ofdevice thein peaceaccordance officerswith and state the purposerequirements ofdescribed thein peaceNRS officers289.830; for entering the premises.

(c) Use only the amount of force reasonably necessary to enter the premises;

and the presence of the peace officers and state the purpose of thetify peace officers for entering the premises.

In lieu of the affidavit required by subsection 1, the magistrate may take an oral statement given under oath, which must be recorded in the presence of the magistrate or in the magistrate’s immediate vicinity by a certified court reporter or by electronic means, transcribed, certified by the reporter if the reporter recorded it, and certified by the magistrate.

Any failure of the magistrate to make - 81st Session (2021) – 9 – such an endorsement and entry does not in itself invalidate the warrant.

- *SB50_R1* – 9 – (a) Be directed to a peace officer in the county where the warrant is to be executed [.

 TheT(c) warrantCommand mustthe command]peace ;officer to search forthwith the person or place named for the property specified [.

(c) Command the peace officer to search forthwith the person or place named for the property specified [.

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