NRS
171.124 Arrest by peace officer or officer of Drug Enforcement
Administration.
1. Except as otherwise provided in
subsection 3 and NRS 33.070 and 33.320, a peace officer or an officer of
the Drug Enforcement Administration designated by the Attorney General of the
United States for that purpose may make an arrest in obedience to a warrant
delivered to him or her, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted
in the officer’s presence.
(b) When a person arrested has committed a felony
or gross misdemeanor, although not in the officer’s presence.
(c) When a felony or gross misdemeanor has in
fact been committed, and the officer has reasonable cause for believing the
person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of
the commission of a felony or gross misdemeanor by the person arrested.
(e) When a warrant has in fact been issued in
this State for the arrest of a named or described person for a public offense,
and the officer has reasonable cause to believe that the person arrested is the
person so named or described.
2. A peace officer or an officer of the
Drug Enforcement Administration designated by the Attorney General of the
United States for that purpose may also, at night, without a warrant, arrest
any person whom the officer has reasonable cause for believing to have
committed a felony or gross misdemeanor, and is justified in making the arrest,
though it afterward appears that a felony or gross misdemeanor has not been
committed.
3. An officer of the Drug Enforcement
Administration may only make an arrest pursuant to subsections 1 and 2 for a
violation of chapter 453 of NRS.
(Added to NRS by 1967,
1401; A 1975,
755; 1979,
834; 1983,
1651; 1985,
1171, 2022,
2170;
2001,
2850; 2003,
888; 2013,
2946; 2015,
2521)
Notes of Decisions
Marschall v. City of Carson, 464 P.2d 494 (Nev. 1970).
· cites it 5× “NRS 171.124 authorizes a peace officer to, without a warrant, arrest a person on a charge made, upon a reasonable cause of the commission of a felony by the party arrested.”
United States v. Grigg, 498 F.3d 1070 (9th Cir. 2007).
“§ 46-6-311 (2005) (allowing for warrantless arrest not in the presence of an officer in the event of circumstances involving violence); Nev. Rev.Stat. Ann. § 171.124 (2007) (allowing for arrest for gross misdemeanor committed outside officer’s presence); Wash.”
Block v. State, 604 P.2d 338 (Nev. 1979).
· cites it 2× “1 NRS 171.124 Arrests by peace officers. “ 1.”
A Minor Boy v. State, 537 P.2d 477 (Nev. 1975).
· cites it 4× “” NRS 171.124(1) (d): “1. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: “(d) On a charge-made, upon a reasonable cause, of the commission of a felony by the party arrested.”
Nelson v. State, 609 P.2d 717 (Nev. 1980).
· cites it 2× “1231; NRS 171.124; see generally Henry v. United States, 361 U.”
Woerner v. State, 453 P.2d 1004 (Nev. 1969).
· cites it 2× “NRS 171.124 1 provides that a peace officer may make *284 an arrest without a warrant when a person has committed a felony in his presence.”
Patel v. Dennett, 389 F. Supp. 3d 888 (D. Nev. 2018).
· cites it 2× “See Nev. Rev. Stat. § 171.124 . ECF No. 22 at 14.”
Taylor v. State, 903 P.2d 805 (Nev. 1995).
· cites it 2× “Third, NRS 171.124(1)(a) authorizes the arrest of persons committing a public offense in the presence of the arresting law enforcement officer in this case, driving without a valid driver's license.”
Wright v. State, 499 P.2d 1216 (Nev. 1972).
· cites it 2× “545, and concludes Las Vegas police may not investigate when an evident misdemeanor involving possession and use of stolen license plates is committed in their presence.”
Boone v. State, 456 P.2d 418 (Nev. 1969).
· cites it 2× “NRS 171.124 2 provides that a peace officer may make an arrest without a warrant when a felony has in fact been committed and he has reasonable cause to believe the person arrested has committed it.”
Thomas v. Sheriff, Clark Cnty., 459 P.2d 219 (Nev. 1969).
· cites it 2× “NRS 171.124. Not only is an arrest made by an officer without a warrant in accordance with NRS 171.”
Hatley v. State, 630 P.2d 1225 (Nev. 1981).
· cites it 2× “*362 Respondent argues that at the time of appellant’s arrest Pay-ton was not the law in Nevada and that the arresting officers were relying upon NRS 171.124 1 and NRS 171.138 2 . Respondent further argues that Payton should not be applied retroactively since the purpose of the…”
— Nev. Rev. Stat. § 171.124(1) — 3 cases
Marschall v. City of Carson, 464 P.2d 494 (Nev. 1970).
“NRS 171.124 authorizes a peace officer to, without a warrant, arrest a person on a charge made, upon a reasonable cause of the commission of a felony by the party arrested.”
Wright v. State, 499 P.2d 1216 (Nev. 1972).
“545, and concludes Las Vegas police may not investigate when an evident misdemeanor involving possession and use of stolen license plates is committed in their presence.”
A Minor Boy v. State, 537 P.2d 477 (Nev. 1975).
“” NRS 171.124(1) (d): “1. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: “(d) On a charge-made, upon a reasonable cause, of the commission of a felony by the party arrested.”
— Nev. Rev. Stat. § 171.124(1)(a) — 2 cases
Taylor v. State, 903 P.2d 805 (Nev. 1995).
“Third, NRS 171.124(1)(a) authorizes the arrest of persons committing a public offense in the presence of the arresting law enforcement officer in this case, driving without a valid driver's license.”
Wright v. State, 499 P.2d 1216 (Nev. 1972).
“545, and concludes Las Vegas police may not investigate when an evident misdemeanor involving possession and use of stolen license plates is committed in their presence.”
— Nev. Rev. Stat. § 171.124(1)(b) — 1 case
— Nev. Rev. Stat. § 171.124(1)(d) — 1 case
A Minor Boy v. State, 537 P.2d 477 (Nev. 1975).
“” NRS 171.124(1) (d): “1. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: “(d) On a charge-made, upon a reasonable cause, of the commission of a felony by the party arrested.”
— Nev. Rev. Stat. § 171.124(l)(a) — 1 case
Taylor v. State, 903 P.2d 805 (Nev. 1995).
“Third, NRS 171.124(1)(a) authorizes the arrest of persons committing a public offense in the presence of the arresting law enforcement officer in this case, driving without a valid driver's license.”
— Nev. Rev. Stat. § 171.124(l)(c) — 1 case
Block v. State, 604 P.2d 338 (Nev. 1979).
“1 NRS 171.124 Arrests by peace officers. “ 1.”
— Nev. Rev. Stat. § 171.124(l)(d) — 2 cases
Marschall v. City of Carson, 464 P.2d 494 (Nev. 1970).
“NRS 171.124 authorizes a peace officer to, without a warrant, arrest a person on a charge made, upon a reasonable cause of the commission of a felony by the party arrested.”
A Minor Boy v. State, 537 P.2d 477 (Nev. 1975).
“” NRS 171.124(1) (d): “1. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: “(d) On a charge-made, upon a reasonable cause, of the commission of a felony by the party arrested.”
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