Authority of police officer, without warrant, to seize and take possession of certain vehicles; inspection and written report concerning certain falsely attached, removed, defaced, altered or obliterated numbers and marks; authority of court to declare vehicle forfeited under certain circumstances; charging of criminal act must not precede completion of report.

  1. Law
  2. Nevada Revised Statutes
  3. Motor Vehicles and Trailers: Licensing, Registration, Sales and Leases
  4. Authority of police officer, without warrant, to seize and take possession of certain vehicles; inspection and written report concerning certain falsely attached, removed, defaced, altered or obliterated numbers and marks; authority of court to declare vehicle forfeited under certain circumstances; charging of criminal act must not precede completion of report.

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1. Any police officer, without a warrant, may seize and take possession of any vehicle:

(a) Which is being operated with improper registration;

(b) Which the police officer has probable cause to believe has been stolen;

(c) Which the police officer has probable cause to believe has been illegally altered in a manner that impairs the structural integrity of the vehicle;

(d) On which any motor number, manufacturer’s number or identification mark has been falsely attached, removed, defaced, altered or obliterated; or

(e) Which contains a part on which was placed or stamped by the manufacturer pursuant to federal law or regulation an identification number or other distinguishing number or mark that has been falsely attached, removed, defaced, altered or obliterated.

2. A law enforcement agency or an employee of the Department whose primary responsibility is to conduct investigations involving the theft of motor vehicles shall inspect any vehicle seized pursuant to paragraph (d) or (e) of subsection 1 to determine whether the number or mark in question on the vehicle or part from the vehicle has been falsely attached, removed, defaced, altered or obliterated and whether any person has presented satisfactory evidence of ownership of the vehicle. The agency or employee shall prepare a written report which sets forth the results of the inspection within 30 days after the vehicle is seized.

3. If the results of the report conclude that the number or mark in question has been falsely attached, removed, defaced, altered or obliterated and that there is no satisfactory evidence of ownership, the court shall declare the vehicle forfeited and proceed in the manner set forth in NRS 482.542.

4. A person must not be charged with any criminal act which caused a motor vehicle to be seized pursuant to paragraph (d) or (e) of subsection 1 until the report is completed pursuant to subsection 2.

5. As used in this section, "police officer" means:

(a) Any peace officer of the Department;

(b) Sheriffs of counties and officers of metropolitan police departments and their deputies; and

(c) Marshals and police officers of cities and towns.

[21 3/4:166:1925; added 1953, 391] — (NRS A 1975, 1199; 1983, 1242; 1985, 653; 1995, 1046; 1997, 780; 2007, 2362; 2011, 1616)


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