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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26431
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Please provide the Nevada laws that prohibit the

Customer Question

Please provide the Nevada laws that prohibit the intimidation of a major crimes witness. Nevada laws that prohibit the obstruction of medical services. The Nevada laws against false arrest.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


The laws in Nevada that prohibit tampering with or intimidating witnesses are 199.240 , and 199.230

The Nevada False Arrest law is NRS 200.460

Could you explain what you mean by "prohibit the obstruction of medical services?" Are you talking about blocking the right of way of an ambulance, for example?

Customer: replied 1 year ago.
When medical services are required to be provided after a police officers response and medical services are not provided.
Expert:  Zoey_ JD replied 1 year ago.

Thank you.

Check out the Emergency Medical Service laws here. The relevant sections would likely be the statutes involving Prohibited Acts and the ones involving Withholding Life Sustaining Treatment.

Customer: replied 1 year ago.
That was a vague answer I didn't understand.
Please provide Nevada statutes that prohibit a police officer or PD from preventing medical services from being provided when the PD knew they were required to have been provided.
Expert:  Zoey_ JD replied 1 year ago.

That's an entirely different question from the one I thought you asked, which had only to do with when EMS is required to provide medical assistance. The laws regulating police conduct in your state are silent as to this issue. There may be policy as to how police should behave in certain situations, but that would be an an officer's manual and would not be law. It is also not available on the web. Police have qualified immunity from suit or prosecution in the performance of their job and have a great deal of discretion at a crime scene.

Customer: replied 1 year ago.
There are no Nevada revised statutes requiring medical services be provided by persons or persons acting under the color of law when the situation required medical care be provided.
Expert:  Zoey_ JD replied 1 year ago.

Sorry for the delay. I left my computer to get the dogs out and to have my breakfast.

If you are looking for a state law that says that police have a statutory mandatory duty to ensure medical care, there is none. US Supreme Court case law has held that the failure to provide an incarcerated defendant adequate medical care is cruel and unusual punishment under the 8th Amendment to the Constitution. But in general, and on the streets, police are given wide latitude to respond to a situation -- or not -- as they see fit. And unless they are engaging in willful misconduct, they cannot be sued or prosecuted for that.

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