Nevada Revised Statutes 193.308 – Duty of another peace officer to intervene to prevent or stop unjustified use of physical force; duty to report observation of unjustified use of physical force; retaliation prohibited; training required
1. Except as otherwise provided in this subsection, a peace officer shall, without regard for chain of command, intervene to prevent or stop another peace officer from using physical force that is not justified in pursuance of the other peace officer’s law enforcement duties in carrying out the arrest of a person, placing a person under detention, taking a person into custody or booking a person. The duty to intervene in the use of physical force that is not justified as required by this subsection only applies if:
Terms Used In Nevada Revised Statutes 193.308
- 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
(a) A peace officer observes the use of physical force that is not justified or reasonably should have observed the use of physical force that is not justified; and
(b) The circumstances are such that it is safe for the peace officer to intervene.
2. If a peace officer who observes the use of physical force that is not justified is a supervisor of the peace officer who is using such physical force, the peace officer making the observation shall issue a direct order to stop the use of such physical force.
3. A peace officer who observes the use of physical force that is not justified shall report the observation to his or her immediate supervisor unless the observation involves his or her immediate supervisor, in which case the peace officer shall report the observation to the supervisor of his or her immediate supervisor. Such a report must:
(a) Include, without limitation:
(1) The date, time and location of the incident;
(2) The identity, if known, and a description of the participants; and
(3) A description of the actions taken as a result of the observation.
(b) Be made in writing not later than 10 days after the occurrence of the use of physical force and observation and appended to all other reports of the incident.
4. A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer solely for:
(a) Intervening in the use of physical force that is not justified as required by subsection 1; or
(b) Reporting the observation of the use of physical force that is not justified as required by subsection 3.
5. Each law enforcement agency in this State shall train its peace officers on the provisions of this section.