Nevada Revised Statutes 171.136 – When arrest may be made
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.
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $2,000 |
Terms Used In Nevada Revised Statutes 171.136
- Arrest: Taking physical custody of a person by lawful authority.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
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 arrest is made in the manner provided in NRS 171.137 or 171.1375;
(f) When the person is already in custody as a result of another lawful arrest; or
(g) When the person voluntarily surrenders himself or herself in response to an outstanding warrant of arrest.