Grace v. Eighth Judicial Dist. Court
Annotate this CasePetitioner was charged with possession of a controlled substance. At his preliminary hearing, Petitioner moved to suppress evidence he argued was obtained as the result of an unlawful arrest. The State opposed the motion, arguing that the justice court lacked the authority to hear and rule on the motion to suppress. The justice court concluded that it had authority to rule on suppression issues and suppressed the evidence, concluding that the search was unlawful. The court then dismissed the case against Petitioner for lack of probable cause. The district court remanded the case, ruling that Nevada’s justice courts are limited jurisdiction courts without the power to adjudicate suppression issues in the context of a preliminary hearing. Petitioner subsequently filed this petition seeking a writ directing the district court to vacate its order. The Supreme Court granted the petition, holding that justice courts have express and limited inherent authority to suppress illegally obtained evidence during preliminary hearings.
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