Nevada Revised Statutes

Nev. Rev. Stat. § 171.106 (2026)

Issuance of warrant or summons upon application, complaint or citation; no-knock warrants

✓ current as of July 2026
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NRS 171.106  Issuance of warrant or summons upon application, complaint or citation; no-knock warrants.

      1.  If it appears from an affidavit or affidavits filed with an application for a warrant that there is probable cause to believe that an offense, triable within the county, has been committed and that the defendant has committed it, a warrant for the arrest of the defendant must be issued by the magistrate to any peace officer. Upon the request of the district attorney, a summons instead of a warrant must be issued.

      2.  If it appears from an affidavit or affidavits filed with a complaint or citation issued pursuant to NRS 484A.730, 488.920 or 501.386 that there is probable cause to believe that an offense, triable within the county, has been committed and that the defendant has committed it, the magistrate may issue to any peace officer:

      (a) A warrant; or

      (b) A summons.

      3.  A magistrate may not issue a warrant that is a no-knock warrant pursuant to subsection 1 or 2 unless an affidavit filed with the application, complaint or citation, as applicable:

      (a) Demonstrates that:

             (1) The underlying offense:

                   (I) Is punishable as a felony; and

                   (II) Involves a significant and imminent threat to public safety; and

             (2) Identifying the presence of the peace officer before entering the premises is likely to create an imminent threat of substantial bodily harm to the peace officer or another person;

      (b) Describes with specificity the factual circumstances as to why there are no reasonable alternatives to effectuate the arrest of the defendant other than in the manner prescribed by the no-knock warrant;

      (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; and

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

      4.  More than one warrant or summons may be issued on the same application, complaint or citation.

      5.  If a defendant fails to appear in response to a summons, a warrant must be issued for the arrest of the defendant.

      6.  A no-knock warrant issued pursuant to subsection 3 is void if:

      (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 3.

      (Added to NRS by 1967, 1400; A 1971, 830; 2021, 192)

     

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1969–2025 · leading case: Woerner v. Just. Court, 1 P.3d 377 (Nev. 2000).
Woerner v. Just. Court, 1 P.3d 377 (Nev. 2000). · cites it 3× “NRS 171.106. 2 “If no procedure is specifically prescribed by this title [Title 14, “Procedure in Criminal Cases”], the court may proceed in any lawful manner not inconsistent with this title or with any other applicable statute.”
Perez (Oreste) v. State (Nev. 2016). “3d 655, 660 (2002); see NRS 171.106. The reviewing court determines simply "whether there is a substantial basis for concluding that probable cause existed.”
Gonzales v. Gittere (9th Cir. 2025). “44 , 56–57 (1991); see also Nev. Rev. Stat. § 171.106 as enacted by Laws 1971, p.”
Di Bari v. Sheriff, Washoe Cnty., 451 P.2d 847 (Nev. 1969). “No other affidavits or other sworn testimony relating to probable cause was submitted to the magistrate as authorized in NRS 171.106. A preliminary hearing was held upon the complaint, and appellant was bound over to the district court for trial.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.