NRS171.136. When arrest may be made.  


Latest version.
  •       1.  If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.

          2.  If it is a misdemeanor, the arrest cannot be made between the hours of 7 p.m. and 7 a.m., except:

          (a) Upon the direction of a magistrate, endorsed upon the warrant;

          (b) When the offense is committed in the presence of the arresting officer;

          (c) When the person is found and the arrest is made in a public place or a place that is open to the public and:

                 (1) There is a warrant of arrest against the person; and

                 (2) The misdemeanor is discovered because there was probable cause for the arresting officer to stop, detain or arrest the person for another alleged violation or offense;

          (d) When the offense is committed in the presence of a private person and the person makes an arrest immediately after the offense is committed;

          (e) When the offense charged is battery that constitutes domestic violence pursuant to NRS 33.018 and the arrest is made in the manner provided in NRS 171.137;

          (f) When the offense charged is a violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive;

          (g) When the person is already in custody as a result of another lawful arrest; or

          (h) When the person voluntarily surrenders himself or herself in response to an outstanding warrant of arrest.

      (Added to NRS by 1967, 1402; A 1977, 874; 1985, 6, 2023; 1991, 331; 1993, 119; 2001, 1431)