Sheriff Brad Pope’s Message of the Week on August 22, 2025

This week, the Lyon County Sheriff’s Office issued press releases that raised several questions about the Sheriff’s Office procedure and the way the laws are enforced in Nevada. The two topics in question are misdemeanor arrests that cannot be completed unless the crime is committed in our presence, and the “un-arresting” of a person. This week’s message will explain both of those scenarios.

Nevada Revised Statutes state a misdemeanor arrest may take place, “When the offense is committed in the presence of the arresting officer.” “When the offense is committed in the presence of a private person and the person makes an arrest immediately after the offense is committed.” There are exceptions to this law that allow our Deputies to make arrests when the misdemeanor crime is not committed in our presence, they include:

-Domestic Battery

-TPO Violations

-Driving under the influence

-Vehicle Accidents

-Warrant arrests

When a person makes a complaint of a misdemeanor crime that didn’t occur within a Deputy’s presence, our Deputies will take the complaint, complete the investigation, and submit the report to the District Attorney’s Office. The District Attorney’s Office will either request a warrant of arrest to be issued through the court or request a summons to court for the criminal proceedings.

The second question stemmed from the arrest of a sex offender who failed to update his registration with the Sheriff’s Office. That person was “un-arrested” due to the medical evaluation he received on scene and the requirement to transport him to the hospital for medical care. The charge would’ve required him to be in jail for about 8-16 hours (Thank you, bail reform, and Nevada Law). Knowing that the suspect would be released in a short amount of time, the decision to release him was made appropriately. If he remained in our custody and was taken to the hospital, the taxpayers of Lyon County would foot the bill for his medical treatment; that is unacceptable. Given the suspect’s condition, we’re estimating tens of thousands of dollars would’ve been spent.

We are aware that there is a contingent of people who decide not to seek medical treatment or take care of themselves until they are about to go to jail. Typically, an ambulance or hospital will evaluate the arrestee and determine whether they need immediate treatment or are clear to be taken to jail.

These are two issues that our Deputies, and ultimately our community, deal with every day. We share in the frustration that is felt, and feel changes need to be made in our State Legislature, in regard to bail reform and the softening of criminal penalties.

Respectfully,

Sheriff Brad Pope