State v. Allen, 118 Nev. 842

Summary

The Supreme Court of Nevada held that a search warrant must contain a statement of probable cause and, when relying on incorporation by reference, must properly incorporate and accompany the supporting affidavit. Because the warrant in this case did not satisfy the requirements of NRS 179.045 and the affidavit was not provided at the search scene, the court upheld suppression of the seized evidence. The court also held that the Leon good-faith exception did not apply because the officer failed to reasonably comply with clear statutory requirements.

Holdings

1. NRS 179.045(5) requires the search warrant itself to state the grounds or probable cause for its issuance; incorporation by reference of an affidavit does not eliminate that requirement.
2. When a probable-cause affidavit is not sealed and is incorporated by reference into a warrant, the affidavit must accompany the warrant and be provided to the target of the search or left at the searched residence.
3. The Leon good-faith exception does not apply where the officer fails to comply with the clear requirements of NRS 179.045 concerning the warrant and accompanying affidavit.

Questions Presented

1. Whether a search warrant complies with NRS 179.045(5)(b) when it references a probable-cause affidavit but does not include a statement of probable cause or properly incorporate the affidavit by reference.
2. Whether an unsealed probable-cause affidavit incorporated into a search warrant must accompany the warrant and be provided to the target of the search or left at the searched premises.
3. Whether the United States v. Leon good-faith exception to the exclusionary rule applies when officers fail to comply with NRS 179.045's warrant and affidavit requirements.

Disposition

affirmed