Nevada Revised Statutes

Nev. Rev. Stat. § 171.1771 (2026)

Issuance of citation when person detained by peace officer

✓ current as of July 2026

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NRS 171.1771 Issuance of citation when person detained by peace officer.

1. Except as otherwise provided in subsection 2, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not required to be taken before a magistrate, the person must be given a misdemeanor citation unless the violation constitutes a repeat offense or a prohibited offense, in which case the person may, in the discretion of the peace officer, either be given a misdemeanor citation or be taken without unnecessary delay before the proper magistrate.

2. A person described in subsection 1 must be taken before the proper magistrate when:

(a) The person does not furnish satisfactory evidence of identity; or

(b) The peace officer has reasonable grounds to believe that:

(1) The person will disregard a written promise to appear in court;

(2) The violation will continue; or

(3) Another person or property is in imminent danger.

(Added to NRS by 1973, 156; A 2021, 3454)

Notes of Decisions

Cited in 4 cases, 1993–2014 · leading case: State v. Bayard, 71 P.3d 498 (Nev. 2003).

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State v. Bayard, 71 P.3d 498 (Nev. 2003). · cites it 4× “The district court conducted a hearing and granted Bayard’s motion, stating: The court finds that defendant’s arrest violated NRS 171.1771 because he was arrested instead of being issued a citation even though there were no facts and circumstances which would cause a person of…”

Jenkins v. Chief Just. of the Dist. Court Dept., 619 N.E.2d 324 (Mass. 1993). “§ 46-7-101 (1991); Nev. Rev. Stat. § 171.1771 (1991); N.J.R.”

Jenkins v. Chief Just. of the Dist. Court Dep't, 416 Mass. 221 (Mass. 1993). “§ 46-7-101 (1991); Nev. Rev. Stat. § 171.1771 (1991); N.J.R.”

Gaines, III (Cornelius) v. State (Nev. 2014). · cites it 2× “730 and NRS 171.1771 when they arrested him Thus, we conclude that Gaines's argument lacks merit.”

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.