(Reprinted with amendments adopted on April 16, 2003)

 

Senate Bill No. 316–Committee on Judiciary

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions pertaining to issuance of search warrants. (BDR 14‑1278)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to search warrants; revising the provisions pertaining to the issuance of search warrants; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 179.045 is hereby amended to read as follows:

1-2  179.045  1.  A search warrant may issue only on affidavit or

1-3  affidavits sworn to before the magistrate and establishing the

1-4  grounds for issuing the warrant or as provided in subsection 2. If the

1-5  magistrate is satisfied that grounds for the application exist or that

1-6  there is probable cause to believe that they exist, he shall issue a

1-7  warrant identifying the property and naming or describing the

1-8  person or place to be searched.

1-9  2.  In lieu of the affidavit required by subsection 1, the

1-10  magistrate may take an oral statement given under oath, which must

1-11  be recorded in the presence of the magistrate or in his immediate

1-12  vicinity by a certified court reporter or by electronic means,

1-13  transcribed, certified by the reporter if he recorded it, and certified

1-14  by the magistrate. The statement must be filed with the clerk of the

1-15  court.

1-16      3.  Upon a showing of good cause, the magistrate may order an

1-17  affidavit or a recording of an oral statement given pursuant to this

1-18  section to be sealed. Upon a showing of good cause, a court may

1-19  cause the affidavit or recording to be unsealed.

2-1  4.  After a magistrate has issued a search warrant, whether [it]

2-2  the warrant is based on an affidavit or an oral statement given under

2-3  oath, he may orally authorize a peace officer to sign the name of the

2-4  magistrate on a duplicate original warrant. A duplicate original

2-5  search warrant shall be deemed to be a search warrant. [It] The

2-6  warrant must be returned to the magistrate who authorized the

2-7  signing of his name on [it.] the warrant. The magistrate shall

2-8  endorse his name and enter the date on the warrant when it is

2-9  returned to him. Any failure of the magistrate to make such an

2-10  endorsement and entry does not in itself invalidate the warrant.

2-11      5.  The warrant must [be] :

2-12      (a) Be directed to a peace officer in the county where the

2-13  warrant is to be executed. [It must:

2-14      (a) State the grounds or probable cause for its issuance and the]

2-15      (b) Set forth:

2-16          (1) The criminal offenses alleged to have been committed;

2-17          (2) The names of the persons whose affidavits or oral

2-18  statements have been taken pursuant to subsection 1 or 2 in

2-19  support [thereof; or

2-20      (b) Incorporate by reference the affidavit or oral statement upon

2-21  which it is based. The warrant must command] of the grounds or

2-22  probable cause for issuance of the warrant;

2-23          (3) The persons and places to be searched; and

2-24          (4) The property to be seized.

2-25      (c) Command the officer to search forthwith the person or place

2-26  named for the property specified.

2-27      [6.  The warrant must direct that it]

2-28      (d) Direct that the warrant be served between the hours of

2-29  7 a.m. and 7 p.m., unless the magistrate, upon a showing of good

2-30  cause therefor, inserts a direction that [it] the warrant be served at

2-31  any time.

2-32      [7.  The warrant must designate]

2-33      (e) Designate the magistrate to whom [it] the warrant is to be

2-34  returned.

2-35      6.  An affidavit or recording of an oral statement:

2-36      (a) Is not required to be attached to a warrant or left at any

2-37  place searched.

2-38      (b) Not later than 10 days after the execution of the warrant,

2-39  must be filed with the issuing court, except upon good cause

2-40  shown, and must be made available to any person searched or

2-41  whose place was searched, unless the magistrate orders that the

2-42  affidavit or recording of an oral statement be sealed pursuant to

2-43  subsection 3.

2-44      Sec. 2.  This act becomes effective upon passage and approval.

 

2-45  H