Nevada § 171.178 - Appearance before magistrate; release from custody by arresting officer

Full text of Nevada Nevada Revised Statutes § 171.178 — Appearance before magistrate; release from custody by arresting officer, with citation guidance and answers to common questions.

§ 171.178. Appearance before magistrate; release from custody by arresting officer

1. Except as otherwise provided in subsections 5 and 6, a peace officer making an

arrest under a warrant issued upon a complaint or without a warrant shall take the

arrested person without unnecessary delay before the magistrate who issued the warrant

or the nearest available magistrate empowered to commit persons charged with offenses

against the laws of the State of Nevada. 2. A private person making an arrest without a warrant shall deliver the arrested

person without unnecessary delay to a peace officer. Except as otherwise provided in subsections 5 and 6 and NRS 171.1772 , the peace officer shall take the arrested person without unnecessary delay before

the nearest available magistrate empowered to commit persons charged with offenses

against the laws of the State of Nevada. 3. If an arrested person is not brought before a magistrate within 72 hours after

arrest, excluding nonjudicial days, the magistrate: (a) Shall give the prosecuting attorney an opportunity to explain the circumstances

leading to the delay; and (b) May release the arrested person if the magistrate determines that the person was

not brought before a magistrate without unnecessary delay. 4. When a person arrested without a warrant is brought before a magistrate, a complaint

must be filed forthwith. 5. Except as otherwise provided in NRS 178.484 and 178.487 , where the defendant can be admitted to bail without appearing personally before

a magistrate, the defendant must be so admitted with the least possible delay, and

required to appear before a magistrate at the earliest convenient time thereafter. 6. A peace officer may immediately release from custody without any further proceedings

any person the peace officer arrests without a warrant if the peace officer is satisfied

that there are insufficient grounds for issuing a criminal complaint against the person

arrested. Any record of the arrest of a person released pursuant to this subsection must also

include a record of the release. A person so released shall be deemed not to have been arrested but only detained.

Source: official Nevada text · Last verified 2026-08-27

Frequently Asked Questions About Nevada § 171.178

What does Nevada Revised Statutes § 171.178 cover?

Section 171.178 ("Appearance before magistrate; release from custody by arresting officer") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Nevada § 171.178?

A common citation format is "Nevada Revised Statutes § 171.178" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Nevada law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.

How does Nevada § 171.178 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.