Section 490.565 - 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 off-highway vehicle forfeited under certain circumstances; charging of criminal act must not precede completion of report1. Any police officer, without a warrant, may seize and take possession of any off-highway vehicle: (a) Which is being operated with an improper registration decal;(b) Which the officer has probable cause to believe has been stolen; or(c) On which any motor number, manufacturer's number, identification mark or identification number 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 off-highway vehicles shall inspect any off-highway vehicle seized pursuant to paragraph (c) of subsection 1 to determine whether the number or mark in question on the off-highway vehicle has been falsely attached, removed, defaced, altered or obliterated and whether any person has presented satisfactory evidence of ownership of the off-highway vehicle. The agency or employee shall prepare a written report which sets forth the results of the inspection within 30 days after the off-highway 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 off-highway vehicle forfeited and proceed in the manner set forth in NAC 490.570.4. A person must not be charged with any criminal act which caused an off-highway vehicle to be seized pursuant to paragraph (c) of subsection 1 until the written report is completed pursuant to subsection 2.5. As used in this section, "police officer" means:(a) Any peace officer of the Department;(b) A sheriff of a county or officer of a metropolitan police department and any deputy of the sheriff or metropolitan police department; and(c) A marshal or police officer of a city or town.Nev. Admin. Code § 490.565
Added to NAC by Dep't of Motor Veh. by R130-11, 6-29-2012, eff. 7-1-2012