Nev. Rev. Stat. § 646.047

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 646.047 - Peace officer may place written hold on property received in pledge; procedure for peace officer to obtain custody of property; limitations on disposal of property; duties of peace officer and pawnbroker concerning property; immunity

1. A peace officer who is involved in the investigation or prosecution of criminal activity may place a written hold on any property received in pledge by a pawnbroker that is related or allegedly related to the criminal activity.

2. While a hold is placed on property pursuant to this section, the pawnbroker who received the property in pledge shall not release or dispose of the property to any person other than the peace officer who placed the hold on the property. A peace officer who placed a hold on property may obtain custody of the property from the pawnbroker if the peace officer:

(a) Has obtained written authorization from the prosecuting attorney which includes, without limitation, a description of the property and an acknowledgment of the pawnbroker's interest in the property, and which provides that the pawnbroker must be notified pursuant to NRS 179.165, if applicable; and

(b) Gives a copy of the written authorization to the pawnbroker.

3. Property received by a peace officer pursuant to this section may be disposed of only in the manner set forth in NRS 52.385 or 179.125 to 179.165, inclusive.

4. A peace officer who places a hold on property pursuant to this section shall notify the pawnbroker in writing when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.

5. If a person who deposited property with a pawnbroker in pledge attempts to redeem the property from the pawnbroker and a hold has been placed on the property pursuant to this section, the pawnbroker shall provide the person with the name of the peace officer who placed the hold on the property and the name of the employer of the peace officer who placed the hold on the property.

6. A pawnbroker and an employee of a pawnbroker who take any action required pursuant to this section are immune from civil liability for such action.

NRS 646.047

Added to NRS by 1999, 755