Getting Your Car Released From a Nevada Police Hold

Attorney Answer

You do not have to wait for the police to decide. Nevada gives you a specific court motion to demand your car back, and one of the grounds is written for exactly your situation — that continuing to hold the property is unreasonable.

The governing law. NRS 179.085 lets a person aggrieved by the deprivation of property move the court having jurisdiction where the property was seized for its return. The grounds include that the property was seized without a warrant, that a warrant was insufficient on its face, that there was no probable cause for issuing it, that it was illegally executed, and — the one that fits you — that retention of the property by law enforcement is not reasonable under the totality of the circumstances. Where the motion is granted on that ground the property is restored, and the court may impose conditions preserving access to it for later proceedings.

That last part matters. The court does not have to choose between your car and the investigation. It can order the car released to you while requiring that photographs, measurements, or an inspection be preserved or permitted. That is the argument to make: the State has had the vehicle since May 26, the evidentiary value of a rear-ended bumper is fully captured by photographs, and you are the victim here, not a suspect.

You are also correct that you have done nothing wrong. Your car was taken without your consent. Nothing in the statute requires you to be a party to the criminal case to file the motion — it speaks to a person aggrieved by the deprivation of property.

What you can do

1. Get your proof of ownership together first: title or registration in your name, your insurance card, and your identification. 2. Get the report number and the name of the investigating detective, plus written confirmation of where the vehicle is stored and what the daily storage charge is. Ask for that in writing. 3. Send a dated written demand for release to the agency holding the vehicle, keeping a copy. Say that you are the registered owner, that the vehicle was taken without your consent, and that you are requesting release. This creates the record your motion will rest on. 4. If they refuse or stall, file a motion under NRS 179.085 for return of the property in the court with jurisdiction where the vehicle was seized. Argue the fifth ground — retention is not reasonable under the totality of the circumstances — and offer the court a condition, such as allowing law enforcement to photograph and inspect the vehicle before release. 5. In the motion, put the storage fees in front of the judge with numbers and dates. A daily charge running against an innocent owner since May 26 is the concrete harm that makes retention unreasonable. 6. Notify your own insurer now if you have not, both for the damage and because storage charges may be covered. 7. Keep every receipt. If you end up paying storage, you will want the total documented for any later claim against the person who took the car.

One practical note: agencies often release a vehicle once someone files, rather than litigate it. The written demand alone sometimes moves it.