NRS453.266. Administrative warrant for inspection.

      1.  Issuance and execution of an administrative warrant for inspection must be as follows:

      (a) A magistrate, within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by the provisions of NRS 453.011 to 453.552, inclusive, or regulations of the Board or Division, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of the provisions of NRS 453.011 to 453.552, inclusive, or regulations of the Board or Division, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.

      (b) A warrant must issue only upon an affidavit of an officer or employee of the Board or Division having knowledge of the facts alleged, sworn to before the magistrate and establishing the grounds for issuing the warrant. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the magistrate shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any.

      2.  The warrant must:

      (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

      (b) Be directed to a person authorized to execute it;

      (c) Command the person to whom it is directed to permit the inspection of the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

      (d) Identify the item or types of property to be seized, if any; and

      (e) Direct that it be served during normal business hours and designate the magistrate to whom it shall be returned.

      3.  A warrant issued pursuant to this section must be executed and returned within 10 days of its date of issuance unless, upon a showing of a need for additional time, the magistrate orders otherwise.

      4.  If property is seized pursuant to a warrant, a copy must be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken.

      5.  The return of the warrant must be made promptly, accompanied by a written inventory of any property taken. The inventory must be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory must be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

      6.  The magistrate who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the district court in the county in which the inspection was made.

      (Added to NRS by 1971, 2013; A 1973, 1208; 1979, 1666; 2003, 553)