Nevada Revised Statutes

Nev. Rev. Stat. § 289.085 (2026)

Inadmissibility of evidence obtained unlawfully during investigation; dismissal of administrative proceeding or civil action when evidence obtained unlawfully and in bad faith during investigation

✓ current as of July 2026
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NRS 289.085  Inadmissibility of evidence obtained unlawfully during investigation; dismissal of administrative proceeding or civil action when evidence obtained unlawfully and in bad faith during investigation.  If an arbitrator or court determines that evidence was obtained during an investigation of a peace officer concerning conduct that could result in punitive action in a manner which violates any provision of NRS 289.010 to 289.120, inclusive, and that such evidence may be prejudicial to the peace officer, such evidence is inadmissible and the arbitrator or court shall exclude such evidence during any administrative proceeding commenced or civil action filed against the peace officer. If the arbitrator or court further determines that such evidence was obtained by a law enforcement agency in bad faith, the arbitrator or court must dismiss the administrative proceeding or civil action with prejudice.

      (Added to NRS by 2005, 621; A 2019, 2663; 2020, 32nd Special Session, 78; 2021, 3418)

     

Notes of Decisions
Cited in 2 cases, 2011–2015 · leading case: Ruiz v. City of North Las Vegas, 255 P.3d 216 (Nev. 2011).
Ruiz v. City of North Las Vegas, 255 P.3d 216 (Nev. 2011). · cites it 2× “Further, it is the [Union’s] belief and assertion that such information gained in violation of NRS Chapter 289, will be barred from admission in any subsequent judicial or arbitration hearing as it is prejudicial to Officer Ruiz and prohibited under NRS 289.085. 2 The City…”
Judkins v. Lv Metro Police Dept. (Nev. 2015). “In arguing that the district court erred by failing to apply a de novo standard of review in confirming the arbitrator's decision, appellant contends that because NRS 289.085 precludes the admission of evidence obtained during an investigation when that investigation violates…”
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