Nevada Revised Statutes

Nev. Rev. Stat. § 179.105 (2026)

Retention of property taken on warrant by officer subject to court order; restoration of property to person from whom it was taken; technical irregularities will not quash warrant

✓ current as of July 2026
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NRS 179.105  Retention of property taken on warrant by officer subject to court order; restoration of property to person from whom it was taken; technical irregularities will not quash warrant.  All property or things taken on a warrant must be retained in an officer’s custody, subject to the order of the court to which the officer is required to return the proceedings before the officer, or of any other court in which the offense in respect to which the property or things are taken is triable. If it appears that the property taken is not the same as that described in the warrant, that there is no probable cause for believing the existence of the grounds on which the warrant was issued or that the property is determined pursuant to NRS 179.11518 to be subject to the attorney-client privilege, the magistrate shall cause it to be restored to the person from whom it was taken. However, no search warrant shall be quashed by any magistrate or judge within this State nor shall any evidence based upon a search warrant be suppressed in any criminal action or proceeding because of mere technical irregularities which do not affect the substantial rights of the accused.

      (Added to NRS by 1967, 1460; A 2017, 1245)

     

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2016–2023 · leading case: Charles v. City of Henderson (Nev. 2016).
Charles v. City of Henderson (Nev. 2016). “2006) (holding that conversion and replevin claims for the return of property seized in a criminal investigation accrue on the date on which the plaintiff was first able to demand the return of his property); see also NRS 179.105 (requiring police officers to retain all property…”
In re Search Warrants re Seizure of Docs. (Nev. 2023). “The motion was brought pursuant to NRS 179.105 (retention and restoration of property taken on warrant), NRS 1.”
In re Search Warrants re Seizure of Docs. (Nev. 2023). “The motion was brought pursuant to NRS 179.105 (retention and restoration of property taken on warrant), NRS 1.”
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