Osborne (Marco) v. Dist. Ct. (State)

638, 640, 747 P.2d 1386, 1387 (1987); see also State ex rel. Schumacher v. First Judicial Dist. Court, 77 Nev. 408, 411-12, 365 P.2d 646, 648 (1961) ("Although containing words of a mandatory nature with respect to when the writ shall be issued, NRS 34.020 does not curtail the right of this court to refuse to exercise its constitutional power when the necessity therefor does not appear."). We recently considered the constitutionality of the warrantless, nonconsensual search provided for in NRS 484C.160(7) and held it unconstitutional. See Byars v. State, 130 Nev. , 336 P.3d 939, 946 (2014). As we have determined the constitutionality of NRS 484C.160(7), we conclude that writ review is unwarranted. Accordingly, we ORDER the petition DISMISSED.

Liaj:t Parraguirre r arj '

J. J. Douglas

cc: Hon. Scott N. Freeman, District Judge Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COUFtT OF NEVADA 2 (0) L947A FPO.