Nevada Code § 493.112

Unmanned aerial vehicles: Operation by law enforcement agency; warrant required under certain circumstances; information acquired in violation of section inadmissible and may not be used to establish reasonable suspicion or probable cause
Open in Lexace · Ask the AI about this section
1. Except as otherwise provided in this
section, nothing in this section shall be deemed to otherwise prohibit the
operation of an unmanned aerial vehicle by a law enforcement agency for any
lawful purpose in this State.
2. Except as otherwise provided in subsection
3, a law enforcement agency shall not operate an unmanned aerial vehicle for
the purpose of gathering evidence or other information within the curtilage of
a residence or at any other location or upon any property in this State at
which a person has a reasonable expectation of privacy, unless the law
enforcement agency first obtains a warrant from a court of competent
jurisdiction authorizing the use of the unmanned aerial vehicle for that
purpose. A warrant authorizing the use of an unmanned aerial vehicle must
specify the period for which operation of the unmanned aerial vehicle is
authorized. A warrant must not authorize the use of an unmanned aerial vehicle
for a period of more than 10 days. Upon motion and a showing of probable cause,
a court may renew a warrant after the expiration of the period for which the
warrant was initially issued.
3. A law enforcement agency may operate an
unmanned aerial vehicle without obtaining a warrant issued pursuant to
subsection 2:
(a) If the law enforcement agency has probable
cause to believe that a person has committed a crime, is committing a crime or
is about to commit a crime, and exigent circumstances exist that make it
unreasonable for the law enforcement agency to obtain a warrant authorizing the
use of the unmanned aerial vehicle.
(b) If a person provides written consent to the
law enforcement agency authorizing the law enforcement agency to acquire
information about the person or the real or personal property of the person.
The written consent must specify the information to be gathered and the time,
place and manner in which the information is to be gathered by the law
enforcement agency.
(c) For the purpose of conducting search and
rescue operations for persons and property in distress.
(d) Under circumstances in which the law
enforcement agency believes that an imminent threat exists to the life and
safety of an individual person or to the public at large, including, without
limitation, the threat of an act of terrorism. A law enforcement agency that
operates an unmanned aerial vehicle pursuant to this paragraph shall document
the factual basis for its belief that such an imminent threat exists and shall,
not later than 2 business days after initiating operation, file a sworn
statement with a court of competent jurisdiction describing the nature of the
imminent threat and the need for the operation of the unmanned aerial vehicle.
(e) Upon the declaration of a state of emergency
or disaster by the Governor. A law enforcement agency that operates an unmanned
aerial vehicle pursuant to this paragraph shall not use the unmanned aerial
vehicle outside of the geographic area specified in the declaration or for any
purpose other than the preservation of public safety, the protection of
property, or the assessment and evaluation of environmental or weather-related
damage, erosion or contamination.
4. Any photograph, image, recording or
other information that is acquired by a law enforcement agency through the
operation of an unmanned aerial vehicle in violation of this section, or that
is acquired from any other person or governmental entity, including, without
limitation, a public agency and any department or agency of the Federal
Government, that obtained the photograph, image, recording or other information
in a manner inconsistent with the requirements of this section, and any
evidence that is derived therefrom:
(a) Is not admissible in and must not be
disclosed in a judicial, administrative or other adjudicatory proceeding; and
(b) May not be used to establish reasonable
suspicion or probable cause as the basis for investigating or prosecuting a
crime or offense.
5. Except as otherwise provided in this
subsection, a law enforcement agency shall not operate, purchase or acquire any
unmanned aerial vehicle or other equipment or service relating to the operation
of an unmanned aerial vehicle in violation of the regulations adopted by the
Department pursuant to subsection 6 of NRS
493.118 . A law enforcement agency may operate or use an unmanned aerial
vehicle or other equipment or service relating to the operation of an unmanned
aerial vehicle that was purchased or acquired before the effective date of the
regulations adopted by the Department pursuant to subsection 6 of NRS 493.118 .

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.