Nevada § 179.085 - Motions for return of property and to suppress evidence
Full text of Nevada Nevada Revised Statutes § 179.085 — Motions for return of property and to suppress evidence, with citation guidance and answers to common questions.
§ 179.085. Motions for return of property and to suppress evidence
1. A person aggrieved by an unlawful search and seizure or the deprivation of property
may move the court having jurisdiction where the property was seized for the return
of the property on the ground that: (a) The property was illegally seized without warrant; (b) The warrant is insufficient on its face; (c) There was not probable cause for believing the existence of the grounds on which
the warrant was issued; (d) The warrant was illegally executed; or (e) Retention of the property by law enforcement is not reasonable under the totality
of the circumstances. The judge shall receive evidence on any issue of fact necessary to the decision of
the motion. 2. If the motion is granted on a ground set forth in paragraph (a), (b), (c) or (d)
of subsection 1, the property must be restored and it must not be admissible evidence
at any hearing or trial. 3. If the motion is granted on the ground set forth in paragraph (e) of subsection
1, the property must be restored, but the court may impose reasonable conditions to
protect access to the property and its use in later proceedings. 4. A motion to suppress evidence on any ground set forth in paragraphs (a) to (d),
inclusive, of subsection 1 may also be made in the court where the trial is to be
had. The motion must be made before trial or hearing unless opportunity therefor did
not exist or the defendant was not aware of the grounds for the motion, but the court
in its discretion may entertain the motion at the trial or hearing. 5. If a motion pursuant to this section is filed when no criminal proceeding is pending,
the motion must be treated as a civil complaint seeking equitable relief.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 179.085
What does Nevada Revised Statutes § 179.085 cover?
Section 179.085 ("Motions for return of property and to suppress evidence") 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 § 179.085?
A common citation format is "Nevada Revised Statutes § 179.085" (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 § 179.085 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.