If an arbitrator or court determines that evidence was obtained during an investigation of a peace officer concerning conduct that could result in punitive action in a manner which violates any provision of NRS 289.010 to 289.120, inclusive, and that such evidence may be prejudicial to the peace officer, such evidence is inadmissible and the arbitrator or court shall exclude such evidence during any administrative proceeding commenced or civil action filed against the peace officer. If the arbitrator or court further determines that such evidence was obtained by a law enforcement agency in bad faith, the arbitrator or court must dismiss the administrative proceeding or civil action with prejudice.

Terms Used In Nevada Revised Statutes 289.085

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Law enforcement agency: means any agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:

    (a) Has a duty to enforce the law; and

    (b) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289. See Nevada Revised Statutes 289.010

  • Peace officer: means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289. See Nevada Revised Statutes 289.010
  • Punitive action: means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment. See Nevada Revised Statutes 289.010
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