Nevada Revised Statutes

Nev. Rev. Stat. § 171.123 (2026)

Temporary detention by peace officer of person suspected of crime or civil infraction or of violating conditions of parole or probation: Limitations

✓ current as of July 2026

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NRS 171.123 Temporary detention by peace officer of person suspected of crime or civil infraction or of violating conditions of parole or probation: Limitations.

1. Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime or civil infraction.

2. Any peace officer may detain any person the officer encounters under circumstances which reasonably indicate that the person has violated or is violating the conditions of the person’s parole or probation.

3. The officer may detain the person pursuant to this section only to ascertain the person’s identity and the suspicious circumstances surrounding the person’s presence abroad. Any person so detained shall identify himself or herself, but may not be compelled to answer any other inquiry of any peace officer.

4. A person must not be detained longer than is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes. The detention must not extend beyond the place or the immediate vicinity of the place where the detention was first effected, unless the person is arrested.

5. As used in this section, “civil infraction” has the meaning ascribed to it in NRS 481.015.

(Added to NRS by 1969, 535; A 1973, 597; 1975, 1200; 1987, 1172; 1995, 2068; 2021, 3353)

Notes of Decisions

Cited in 65 cases (11 in the last 5 years), 1972–2025 · leading case: Hiibel v. Sixth Jud. Dist. Court of Nev., Humboldt Cty., 542 U.S. 177 (2004).

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Hiibel v. Sixth Jud. Dist. Court of Nev., Humboldt Cty., 542 U.S. 177 (2004). · cites it 12× “[1] Nev. Rev. Stat. § 171.123 (1) (2003). [2] § 171.”

State v. Lisenbee, 13 P.3d 947 (Nev. 2000). · cites it 14× “If a stop is predicated on NRS 171.123, an officer may only perform the pat down for weapons if there is an underlying reasonable belief that the suspect possesses dangerous weapons and is a threat to safety.”

Hiibel v. Sixth Jud. Dist. Court of the State of Nevada, 59 P.3d 1201 (Nev. 2002). · cites it 18× “In pertinent part, NRS 171.123 provides: 1. Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.”

State v. McKellips, 49 P.3d 655 (Nev. 2002). · cites it 7× “In his motion, McKellips argued that both his consent to provide the samples and the actual collection of the samples occurred more than sixty minutes after his detention in violation of NRS 171.123, the temporary detention statute.”

Barrios-Lomeli v. State, 961 P.2d 750 (Nev. 1997). · cites it 11× “NRS 171.123(4) allows an officer to detain an individual for a reasonable time, but expressly states that "in no event" shall the law enforcement officer's detention be longer than sixty minutes.”

Hiibel v. Sixth Dist. Ct. Ex Rel. Humboldt, 59 P.3d 1201 (Nev. 2002). · cites it 18× “In pertinent part, NRS 171.123 provides: 1. Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.”

Somee v. State, 187 P.3d 152 (Nev. 2008). · cites it 2× “’ ’ ’ 7 Under NRS 171.123(1), Lisenbee, 8 and Terry v. Ohio, 9 police officers may temporarily detain a suspect when officers have reasonable articulable suspicion that the suspect “has committed, is committing or is about to commit a crime.”

Barrios-Lomeli v. State, 944 P.2d 791 (Nev. 1997). · cites it 6× “Pursuant to NRS 171.123 and Wright , the police were justified in "detaining" Lomeli and his automobile for a maximum of sixty minutes.”

Goodman v. Las Vegas Metro. Police Dep't, 963 F. Supp. 2d 1036 (D. Nev. 2013). · cites it 2× “See NRS § 171.123(4) (limiting temporary detentions to only a time “that is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes ” (emphasis added)).”

State v. Aloi, 911 A.2d 1086 (Conn. 2007). · cites it 2× “” Nev. Rev. Stat. § 171.123 (2005). After a trial, Hiibel was convicted as charged, and his conviction was affirmed on appeal by the state intermediate appellate court and the Supreme Court of Nevada.”

Rice v. State, 936 P.2d 319 (Nev. 1997). · cites it 6× “[1] The State claims that there is substantial evidence upon which to base a finding that Smith acted reasonably in detaining Rice.”

Mocek v. City of Albuquerque, 813 F.3d 912 (10th Cir. 2015). “5 (a stopped suspect must provide either a "name, address, and date of birth” or a driver’s license, if available, when stopped for an infraction or ordinance violation); Nev.Rev. Stat. § 171.123(3); Ohio Rev.Code Ann.”

Show all 65 citing cases →

— Nev. Rev. Stat. § 171.123(1) — 23 cases

State v. Lisenbee, 13 P.3d 947 (Nev. 2000). “If a stop is predicated on NRS 171.123, an officer may only perform the pat down for weapons if there is an underlying reasonable belief that the suspect possesses dangerous weapons and is a threat to safety.”

Somee v. State, 187 P.3d 152 (Nev. 2008). “’ ’ ’ 7 Under NRS 171.123(1), Lisenbee, 8 and Terry v. Ohio, 9 police officers may temporarily detain a suspect when officers have reasonable articulable suspicion that the suspect “has committed, is committing or is about to commit a crime.”

State v. Rincon, 147 P.3d 233 (Nev. 2006).

McMorran v. State, 46 P.3d 81 (Nev. 2002).

Proferes v. State, 13 P.3d 955 (Nev. 2000).

— Nev. Rev. Stat. § 171.123(2) — 1 case

Ramirez v. City of Reno, 925 F. Supp. 681 (D. Nev. 1996).

— Nev. Rev. Stat. § 171.123(3) — 8 cases

Hiibel v. Sixth Jud. Dist. Court of Nev., Humboldt Cty., 542 U.S. 177 (2004). “[1] Nev. Rev. Stat. § 171.123 (1) (2003). [2] § 171.”

Hiibel v. Sixth Jud. Dist. Court of the State of Nevada, 59 P.3d 1201 (Nev. 2002). “In pertinent part, NRS 171.123 provides: 1. Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.”

Hiibel v. Sixth Dist. Ct. Ex Rel. Humboldt, 59 P.3d 1201 (Nev. 2002). “In pertinent part, NRS 171.123 provides: 1. Any peace officer may detain any person whom the officer encounters under circumstances which reasonably indicate that the person has committed, is committing or is about to commit a crime.”

Carlos Gonzalez v. Able Huerta, 826 F.3d 854 (5th Cir. 2016).

— Nev. Rev. Stat. § 171.123(4) — 14 cases

Barrios-Lomeli v. State, 961 P.2d 750 (Nev. 1997). “NRS 171.123(4) allows an officer to detain an individual for a reasonable time, but expressly states that "in no event" shall the law enforcement officer's detention be longer than sixty minutes.”

Goodman v. Las Vegas Metro. Police Dep't, 963 F. Supp. 2d 1036 (D. Nev. 2013). “See NRS § 171.123(4) (limiting temporary detentions to only a time “that is reasonably necessary to effect the purposes of this section, and in no event longer than 60 minutes ” (emphasis added)).”

Barrios-Lomeli v. State, 944 P.2d 791 (Nev. 1997). “Pursuant to NRS 171.123 and Wright , the police were justified in "detaining" Lomeli and his automobile for a maximum of sixty minutes.”

Torres (ralph) Vs. State, 2015 NV 2 (Nev. 2015).

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