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NEVADA STATUTES AND CODES

179.505 - Motion to suppress.

179.505  Motion to suppress.

      1.  Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency or other authority of this State, or a political subdivision thereof, may move to suppress the contents of any intercepted wire or oral communication, or evidence derived therefrom, on the grounds that:

      (a) The communication was unlawfully intercepted.

      (b) The order of authorization under which it was intercepted is insufficient on its face.

      (c) The interception was not made in conformity with the order of authorization.

      (d) The period of the order and any extension had expired.

      2.  Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of NRS 179.410 to 179.515, inclusive. The judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the aggrieved person’s counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interest of justice.

      (Added to NRS by 1973, 1747)

     

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