NRS 52.385
Property evidencing crime: Return to person entitled to possession

  • admissibility of photographs in lieu of property
  • disposal of property not returned.

1.

At any time after property of any person other than the one accused of the crime of which the property is evidence comes into the custody of a peace officer or law enforcement agency, the rightful owner of the property or a person entitled to possession of the property may request the prosecuting attorney to return the property to him or her. Upon receipt of such a request, the prosecuting attorney may, before the property is released, require the peace officer or law enforcement agency to take photographs of the property. Except as otherwise provided in subsection 3, the peace officer or law enforcement agency shall return the property to the person submitting the request within a reasonable time after the receipt of the request, but in no event later than 180 days after the receipt of the request.

2.

In the absence of such a request, the prosecuting attorney may authorize the peace officer or law enforcement agency that has custody of the property to return the property to its owner or a person who is entitled to possession of the property.

3.

If the prosecuting attorney to whom a request for the release of property is made determines that the property is required for use as evidence in a criminal proceeding, the prosecuting attorney may deny the request for the release of the property.

4.

Photographs of property returned pursuant to the provisions of this section are admissible in evidence in lieu of the property in any criminal or civil proceeding if they are identified and authenticated in the proceeding by:

(a)

The rightful owner of the property or person entitled to possession of the property to whom the property was released;

(b)

The peace officer or representative of the law enforcement agency who released the property; or

(c)

A credible witness who has personal knowledge of the property,
Ê in accordance with the provisions of NRS 52.185 to 52.295, inclusive.

5.

Any property subject to the provisions of this section which is not returned under the provisions of this section must be disposed of as provided in NRS 179.125 to 179.165, inclusive.

Source: Section 52.385 — Property evidencing crime: Return to person entitled to possession; admissibility of photographs in lieu of property; disposal of property not returned., https://www.­leg.­state.­nv.­us/NRS/NRS-052.­html#NRS052Sec385.

52.015
Authentication or identification required. 52.025
Testimony of witness with knowledge. 52.035
Handwriting: Nonexpert opinion. 52.045
Handwriting: Comparison by trier or expert witness. 52.055
Handwriting: Distinctive characteristics. 52.065
Identification by voice. 52.075
Telephone calls. 52.085
Public records and reports. 52.095
Ancient documents 52.105
Process or system. 52.115
Foreign public documents. 52.125
Certified copies of public records. 52.135
Official publications. 52.145
Newspapers 52.155
Trade inscriptions, signs, tags and labels. 52.165
Acknowledged documents. 52.175
Subscribing witness’ testimony unnecessary. 52.185
Definitions. 52.195
“Duplicate” defined. 52.205
“Original” defined. 52.215
“Photographs” defined. 52.225
“Writings” and “recordings” defined. 52.235
Original required. 52.245
Admissibility of duplicates. 52.247
Admissibility of rerecorded, copied or reproduced records 52.252
Admissibility of copy or transcript of recordings of telephone calls made through system providing telephone number to be used in emergency. 52.255
Admissibility of other evidence of contents. 52.260
Record made in course of regularly conducted activity 52.265
Public records. 52.275
Summaries. 52.285
Testimony or written admission of party. 52.295
Functions of judge and jury. 52.305
Marks instead of signatures 52.315
Seal unnecessary. 52.320
Definitions. 52.325
Subpoenaed records: Delivery of authenticated copy by custodian 52.335
Copies delivered to clerk of court: Custody 52.345
Notice of delivery to clerk of court. 52.355
Order for production of original documents 52.365
Use of copies in discovery proceedings. 52.375
Fees for subpoenas 52.380
Attendance by observer. 52.385
Property evidencing crime: Return to person entitled to possession 52.395
Controlled substances, dangerous drugs and immediate precursors: Procedure for destruction of unnecessary quantity seized as evidence 52.400
Marijuana: Procedure for destruction of unnecessary quantity seized as evidence. 52.405
Definitions. 52.415
Authentication of copies. 52.425
Subpoenaed records: Delivery of authenticated copy by custodian 52.435
Order for production of original record 52.450
Definitions. 52.460
Authentication of copies 52.470
Subpoenaed records: Delivery of authenticated copy by custodian 52.480
Order for production of original record 52.500
Evidence describing measurements of hazardous waste or hazardous material.
Last Updated

Feb. 5, 2021

§ 52.385’s source at nv​.us