State v. Allen

OPINION ON EN BANC RECONSIDERATION

In this appeal, we are asked to determine whether a search warrant that did not contain a statement of probable cause was nevertheless valid because it complied with the “incorporation by reference” requirements of NRS 179.045(5)(b). The affidavit sup porting the search warrant was not sealed, and the warrant was not issued after telephonic communication pursuant to NRS 179.045(2). We conclude that a search warrant that is neither supported by a sealed affidavit nor issued pursuant to NRS 179.045(2) must contain a probable cause statement or have the probable…