NRS 52.395
Controlled substances, dangerous drugs and immediate precursors: Procedure for destruction of unnecessary quantity seized as evidence

  • disposal of hazardous waste
  • exception.

1.

When any substance alleged to be a controlled substance, dangerous drug or immediate precursor is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, with the prior approval of the prosecuting attorney, petition the district court in the county in which the defendant is charged to secure permission to destroy a part of the substance.

2.

Upon receipt of a petition filed pursuant to subsection 1, the district court shall order the substance to be accurately weighed and the weight thereof accurately recorded. The prosecuting attorney or the prosecuting attorney’s representative and the defendant or the defendant’s representative must be allowed to inspect and weigh the substance.

3.

If after completion of the weighing process the defendant does not knowingly and voluntarily stipulate to the weight of the substance, the district court shall hold a hearing to make a judicial determination of the weight of the substance. The defendant, the defendant’s attorney and any other witness the defendant may designate may be present and testify at the hearing.

4.

After a determination has been made as to the weight of the substance, the district court may order all of the substance destroyed except that amount which is reasonably necessary to enable each interested party to analyze the substance to determine the composition of the substance. The district court shall order the remaining sample to be sealed and maintained for analysis before trial.

5.

If the substance is finally determined not to be a controlled substance, dangerous drug or immediate precursor, unless the substance was destroyed pursuant to subsection 7, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.

6.

The district court’s finding as to the weight of a substance destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.

7.

If at the time that a peace officer seizes from a defendant a substance believed to be a controlled substance, dangerous drug or immediate precursor, the peace officer discovers any material or substance that he or she reasonably believes is hazardous waste, the peace officer may appropriately dispose of the material or substance without securing the permission of a court.

8.

This section does not apply to any substance that is alleged to be marijuana which is seized from a defendant by a peace officer.

9.

As used in this section:

(a)

“Dangerous drug” has the meaning ascribed to it in NRS 454.201.

(b)

“Hazardous waste” has the meaning ascribed to it in NRS 459.430.

(c)

“Immediate precursor” has the meaning ascribed to it in NRS 453.086.

Source: Section 52.395 — Controlled substances, dangerous drugs and immediate precursors: Procedure for destruction of unnecessary quantity seized as evidence; disposal of hazardous waste; exception., https://www.­leg.­state.­nv.­us/NRS/NRS-052.­html#NRS052Sec395.

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

Jun. 24, 2021

§ 52.395’s source at nv​.us