NRS
171.1232 Search to ascertain presence of dangerous weapon; seizure of
weapon or evidence.
1. If any peace officer reasonably
believes that any person whom the peace officer has detained or is about to
detain pursuant to NRS 171.123 is armed
with a dangerous weapon and is a threat to the safety of the peace officer or
another, the peace officer may search such person to the extent reasonably
necessary to ascertain the presence of such weapon. If the search discloses a
weapon or any evidence of a crime, such weapon or evidence may be seized.
2. Nothing seized by a peace officer in
any such search is admissible in any proceeding unless the search which
disclosed the existence of such evidence is authorized by and conducted in
compliance with this section.
(Added to NRS by 1969,
535)
Notes of Decisions
Cited in
5
cases, 1972–2008 · leading case:
State v. Lisenbee, 13 P.3d 947 (Nev. 2000).
State v. Lisenbee, 13 P.3d 947 (Nev. 2000).
· cites it 8× “" Secondarily, NRS 171.1232 permits the police to engage in a pat down of a suspect if there is reasonable suspicion to believe that the suspect is armed and dangerous.”
Somee v. State, 187 P.3d 152 (Nev. 2008).
“11 NRS 171.1232(1). 12 Terry, 392 U.S. at 21.”
Wright v. State, 499 P.2d 1216 (Nev. 1972).
· cites it 2× “See also: NRS 171.1232 (1). In our view, when police see two adult males in a car bearing stolen out-of-state license plates, they may reasonably fear either passenger or driver is armed and dangerous.”
Rusling v. State, 617 P.2d 1302 (Nev. 1980).
“1969); NRS 171.1232(1). Finally, when a police officer reasonably believes from his *782 initial patdown that a weapon is concealed upon a suspect, the officer may, of course, place his hand within the person’s clothing and remove the weapon.”
Adams v. State, 521 P.2d 365 (Nev. 1974).
“The officer requested him to open his hand since he believed that the appellant may be holding a weapon or controlled substance. The appellant complied, and the officer observed what appeared to be a hand-rolled marijuana cigarette.”
Nev. Rev. Stat. § 171.1232(1): 4 cases
Somee v. State, 187 P.3d 152 (Nev. 2008).
“11 NRS 171.1232(1). 12 Terry, 392 U.S. at 21.”
Rusling v. State, 617 P.2d 1302 (Nev. 1980).
“1969); NRS 171.1232(1). Finally, when a police officer reasonably believes from his *782 initial patdown that a weapon is concealed upon a suspect, the officer may, of course, place his hand within the person’s clothing and remove the weapon.”
Wright v. State, 499 P.2d 1216 (Nev. 1972).
“See also: NRS 171.1232 (1). In our view, when police see two adult males in a car bearing stolen out-of-state license plates, they may reasonably fear either passenger or driver is armed and dangerous.”
Adams v. State, 521 P.2d 365 (Nev. 1974).
“The officer requested him to open his hand since he believed that the appellant may be holding a weapon or controlled substance. The appellant complied, and the officer observed what appeared to be a hand-rolled marijuana cigarette.”
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.