This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Arrest Without Warrant By Police In Nevada
Category:
State:
Multi-State
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Yes. The law is very clear. NRS 171.126 provides that any citizen can arrest a person for a misdemeanor (or larger offense) committed in their presence or any felony whether it is witnessed or not, as long as there's reasonable cause to believe the person did the crime.
When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists ...
Nevada Revised Statue (NRS) 171.126 states, ``a private person may arrest another for a public offense committed or attempted in his presence.'' Citizen's arrests are rare, because the citizen must convince responding officers that an offense occurred prior to their arrival.
A citizen's arrest is a form of lawful custody and anyone attempting to flee would commit the offence of escape from lawful custody. Similarly, a person who uses force to resists a citizen's arrest would commit the offence of assault with intent to resist arrest.
An arrest may be made by a peace officer or by a private person. 834a. If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest.
In California, the citizen's arrest statute states that any person may arrest another: For a public offense committed or attempted in their presence. When the person arrested has committed a felony, although not in their presence.
If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required. However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.
If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law.
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
Hot pursuit: Officers can arrest and search individuals who are suspected of committing a felony. For the pursuit, officers can enter any property to search and seize evidence without warrants.