reglab/housing_qa huggingface dataset:
NE Code § 29-826 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-826 - Motion to suppress; appeal; time limit; order for custody.

29-826.  Motion to suppress; appeal; time limit; order for custody.In making an order granting a motion to suppress and to return property, the trial court shall in such order fix a time, not exceeding ten days, in which the county attorney or other prosecuting attorney may file a notice with the clerk of such court of his or her intention to seek a review of the order. Upon the filing of such notice the trial court shall fix the time in which the application for review shall be filed with the appellate court, and shall make an appropriate order for custody of the property pending completion of the review.Source   Laws 1963, c. 155, § 5, p. 554;   Laws 1998, LB 218, § 15. Annotations  State may appeal an order sustaining a motion to suppress evidence. State v. Hagen, 180 Neb. 564, 143 N.W.2d 904 (1966). This section gives the district court the authority to establish time limits for the State to file a notice of intent with the clerk of the district court seeking review of an order granting a motion to suppress and to file the application with the appellate court. State v. Hood, 23 Neb. App. 208, 869 N.W.2d 383 (2015). The docket fee requirement contained in section 25-2729 necessarily applies to appeal brought by a prosecuting attorney pursuant to this section and sections 29-824 and 29-825, because section 25-2728 does not expressly exclude this section and sections 29-824 and 29-825 from the application of section 25-2729. State v. McArthur, 12 Neb. App. 657, 685 N.W.2d 733 (2004). Where a county court fails to fix a time in which the State may appeal under this section, the State must file its notice of intention to seek review of the county court's order within 10 days; failure to do so deprives the district court of subject matter jurisdiction to hear the State's appeal. State v. McArthur, 12 Neb. App. 657, 685 N.W.2d 733 (2004). Where the State is appealing an order of a county court granting a motion for the return of seized property or to suppress evidence pursuant to sections 29-824 to 29-826, the State must comply with the standard procedures for appeal as provided in section 25-2729, as well as with the requirements specified within sections 29-824 to 29-826; failure to do so deprives the district court of subject matter jurisdiction to review the order. State v. McArthur, 12 Neb. App. 657, 685 N.W.2d 733 (2004).
NE Code § 29-828 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-828 - Search for weapons; when authorized.

29-828.  Search for weapons; when authorized.Where the circumstances reasonably indicate to an officer of the law that a search of an individual for weapons is indicated in order to protect the life of such officer such search for weapons may lawfully be made.Source  Laws 1963, c. 156, § 1, p. 556.
NE Code § 29-830 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-830 - Inspection warrant, defined.

29-830.  Inspection warrant, defined.An inspection warrant is an order in writing in the name of the people, signed by a judge of a court of record, directed to a peace officer as defined in section 29-831, and commanding him to conduct any inspection required or authorized by state or local law or regulation relating to health, welfare, fire or safety.Source  Laws 1969, c. 231, § 1, p. 858. Cross References   Chemigation Act, Nebraska, enforcement, see section 46-1124.  Controlled premises, inspection pursuant to Uniform Controlled Substances Act, see section 28-428.  Energy Code, Nebraska, enforcement, see section 81-1617.  Plant Protection and Plant Pest Act, enforcement, see section 2-1091.
NE Code § 29-831 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-831 - Peace officer, defined.

29-831.  Peace officer, defined.As used in sections 29-830 to 29-835, unless the context otherwise requires:All state, county, city and village officers and their agents and employees, charged by statute or municipal ordinance with powers or duties involving inspection of real or personal property, building premises and contents, including but not limited by enumeration to housing, electrical, plumbing, heating, gas, fire, health, food, zoning, pollution, water, and weights and measures inspections, shall be peace officers for the purpose of applying for, obtaining and executing inspection warrants.Source  Laws 1969, c. 231, § 2, p. 859.
NE Code § 29-832 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-832 - Inspection warrant; when issued.

29-832.  Inspection warrant; when issued.Inspection warrants shall be issued only upon showing that consent to entry for inspection purposes has been refused. In emergency situations neither consent nor a warrant shall be required.Source  Laws 1969, c. 231, § 3, p. 859.
NE Code § 29-833 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-833 - Inspection warrant; issuance; procedure.

29-833.  Inspection warrant; issuance; procedure.An inspection warrant shall be issued only by a judge of a court of record upon reasonable cause, supported by affidavit describing the place and purpose of inspection. The judge may examine the applicant and other witnesses, on oath, to determine sufficient cause for inspection.Source  Laws 1969, c. 231, § 4, p. 859.
NE Code § 29-834 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-834 - Inspection warrants; laws applicable.

29-834.  Inspection warrants; laws applicable.All general laws pertaining to search warrants, including but not limited to the filing costs involved and the conditions and time for return, shall be applicable to inspection warrants, unless in conflict with sections 29-830 to 29-833.Source  Laws 1969, c. 231, § 5, p. 859.
NE Code § 29-835 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-835 - Violations; penalty.

29-835.  Violations; penalty.Any person who willfully refuses to permit, interferes with, or prevents any inspection authorized by inspection warrant shall be guilty of a Class III misdemeanor.Source   Laws 1969, c. 231, § 6, p. 859;   Laws 1977, LB 40, § 114.
NE Code § 29-901.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-901.01 - Conditions of release; how determined.

29-901.01.  Conditions of release; how determined.In determining which condition or conditions of release shall reasonably assure appearance and deter possible threats to the safety and maintenance of evidence or the safety of victims, witnesses, or other persons in the community, the judge shall, on the basis of available information, consider the defendant’s financial ability to pay in setting the amount of bond. The judge may also take into account the nature and circumstances of the offense charged, including any information to indicate that the defendant might engage in additional criminal activity or pose a threat to himself or herself, yet to be collected evidence, alleged victims, potential witnesses, or members of the general public, the defendant's family ties, employment, the length of the defendant's residence in the community, the defendant's record of criminal convictions, and the defendant's record of appearances at court proceedings or of flight to avoid prosecution or of failure to appear at court proceedings.Source   Laws 1974, LB 828, § 2;  Laws 2009, LB63, § 24;  Laws 2010, LB771, § 16;  Laws 2017, LB259, § 3.
NE Code § 29-901.02 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-901.02 - Release; order; contents.

29-901.02.  Release; order; contents.Any judge who shall authorize the release of a defendant under section 29-901 shall issue a written order containing a statement of the condition or conditions imposed, shall inform the defendant of the penalties for violating any of the conditions of such release, and shall advise the defendant that a warrant for his arrest shall be issued immediately upon such violation.Source  Laws 1974, LB 828, § 3. Annotations Court when releasing a defendant on bond need only inform defendant of special or unusual condition of his bail attached thereto and no duty exists to inform the defendant of obvious condition to return to the court as ordered nor inform defendant of possible penalty for failure to appear. State v. King, 214 Neb. 855, 336 N.W.2d 576 (1983).
NE Code § 29-901.03 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-901.03 - Conditions of release; review; procedure.

29-901.03.  Conditions of release; review; procedure.When a defendant first appears before a judge pursuant to section 29-901, he shall be advised of his right to obtain review of the conditions of release imposed if he is unable to fulfill such conditions and remains in custody for more than twenty-four hours thereafter. Any defendant who shall remain in custody for more than twenty-four hours after a judge other than a district court judge imposes bail or any other condition of release, as a result of his inability to fulfill such condition or conditions, may request a review by the judge who imposed the conditions and, upon such request, the defendant shall be brought before the judge at the first regular court day. If the defendant is indigent and unable to retain legal counsel, the judge shall appoint an attorney to represent the defendant for the purpose of such review. Unless the conditions of release are amended and the defendant is thereupon released, the judge shall set forth in writing the reasons for requiring such condition or conditions. Any defendant who shall be ordered released by a judge other than a district court judge on a condition which requires that he return to custody after specified hours shall, upon application, be entitled to a review by the judge who imposed the condition in the same manner as a defendant who remains in full-time custody. In the event that the judge who imposed the condition or conditions of release is not available, any other judge in the district or of the same court may review such conditions.Source   Laws 1974, LB 828, § 4;   Laws 1975, LB 284, § 3.
NE Code § 29-901.04 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-901.04 - Conditions of release; amendment; review.

29-901.04.  Conditions of release; amendment; review.Any judge who shall order the release of a defendant on any condition specified in section 29-901 may at any time amend his order to impose additional or different conditions of release, but if the imposition of different or additional conditions results in the detention of the defendant as a result of his inability to meet such conditions, the provisions of section 29-901.03 shall apply.Source  Laws 1974, LB 828, § 5.
NE Code § 29-901.05 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-901.05 - Bail; uniform schedule; how adopted; payment; procedure.

29-901.05.  Bail; uniform schedule; how adopted; payment; procedure.(1) It shall be the duty of the judges of the county court in each county to prepare and adopt, by a majority vote, a schedule of bail for all misdemeanor offenses and such other offenses as the judges deem necessary. It shall contain a list of such offenses and the amounts of bail applicable thereto as the judges determine to be appropriate. If the schedule does not list all misdemeanor and other offenses specifically, it shall contain a general clause for misdemeanors and a separate one for any other offenses providing for designated amounts of bail as the judges of the county determine to be appropriate for all such offenses. The schedule of bail may be revised from time to time by the judges of the county, and the presiding county court judge at each county seat shall call not more than two meetings nor less than one meeting each year of all judges of the county court in the county for the purpose of establishing or revising a countywide uniform bail schedule. A copy of the schedule shall be sent to the officer in charge of the county jail and to the officer in charge of each city jail within the county.(2) When bail has been set by a judge for a particular offense or offender, any sheriff or other peace officer may take bail in accordance with the provisions of section 29-901 and release the offender to appear in accordance with the conditions of the bail bond, the notice to appear, or the summons. Such officer shall give a receipt to the offender for the bail so taken and within a reasonable time deposit such bail with the clerk of the court having jurisdiction of the offense.Source   Laws 1974, LB 828, § 6;   Laws 1977, LB 112, § 1;   Laws 1984, LB 13, § 57.
NE Code § 29-901.06 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-901.06 - Bailable defendant; duty of court to inform of rights and duties.

29-901.06.  Bailable defendant; duty of court to inform of rights and duties.When a bailable defendant appears at any judicial proceeding in which such defendant's bail is being considered, the judge at such proceeding shall inform the defendant of the condition or conditions imposed on his release, the penalties for violating any of the conditions of such release, and any options or alternatives available to such defendant.Source  Laws 1974, LB 828, § 7. Annotations Court when releasing a defendant on bond need only inform defendant of special or unusual condition of his bail attached thereto and no duty exists to inform the defendant of obvious condition to return to the court as ordered nor inform defendant of possible penalty for failure to appear. State v. King, 214 Neb. 855, 336 N.W.2d 576 (1983).
NE Code § 29-902 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-902 - Bail; proceeding for taking.

29-902.  Bail; proceeding for taking.For taking such bail, the judge may, by his special warrant under his hand and seal, require the sheriff or jailer to bring such accused before him at the courthouse of the proper county at such time as in such warrant the judge may direct.Source   G.S.1873, c. 58, § 347, p. 802;   R.S.1913, § 9004;   C.S.1922, § 10028;   C.S.1929, § 29-902;   R.S.1943, § 29-902.
NE Code § 29-902.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-902.01 - Presiding judge of certain county courts; designate a judge on call; custodial officer; duties.

29-902.01.  Presiding judge of certain county courts; designate a judge on call; custodial officer; duties.(1) The presiding judge of the county court in each county having a population of four hundred thousand or more inhabitants as determined by the most recent federal decennial census shall, as often as is necessary, meet and designate on a schedule not less than one judge of the county court to be reasonably available on call for the setting of orders for discharge from actual custody upon bail, the issuance of search warrants, and for such other matters as may be deemed appropriate, at all times when a court is not in session in the county.(2) The officer in charge of a jail, or a person such officer designates, in which an arrested person is held in custody shall assist the arrested person or such person's attorney in contacting the judge on call as soon as possible for the purpose of obtaining release on bail.Source   Laws 1977, LB 11, § 1;   Laws 1984, LB 13, § 58;  Laws 2016, LB742, § 15.
NE Code § 29-903 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-903 - Bail; amount; pretrial release agency; release recommendation; release without bond; when.

29-903.  Bail; amount; pretrial release agency; release recommendation; release without bond; when.In fixing the amount of bail, the judge admitting to the same shall be governed in the amount and quality of bail required by the direction of the district court in all cases where such court shall have made any order or direction in that behalf. In the event that the district court shall designate an official pretrial release agency for the district, the judge may give consideration to a report and recommendation of such agency and in the event that such agency should recommend the release of the prisoner on his own recognizance, the court may order release of such prisoner without the necessity of posting a cash deposit or requiring the sureties set out in section 29-901.Source   G.S.1873, c. 58, § 348, p. 802;   R.S.1913, § 9005;   C.S.1922, § 10029;   C.S.1929, § 29-903;   R.S.1943, § 29-903;   Laws 1971, LB 316, § 1;   Laws 1972, LB 1248, § 1;   Laws 1974, LB 828, § 8.
NE Code § 29-904 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-904 - Recognizance; deposit with clerk; discharge of prisoner.

29-904.  Recognizance; deposit with clerk; discharge of prisoner.In all cases when a judge or examining court shall recognize a prisoner under the provisions of the three sections 29-901, 29-902, and 29-903, he shall forthwith deposit with the clerk of the proper court the recognizance so taken, and also a warrant directed to the jailer requiring him to discharge the prisoner.Source   G.S.1873, c. 58, § 349, p. 803;   R.S.1913, § 9006;   C.S.1922, § 10030;   C.S.1929, § 29-904;   R.S.1943, § 29-904.
NE Code § 29-905 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-905 - Surrender of accused by surety to court; discharge of surety; new recognizance; conditions.

29-905.  Surrender of accused by surety to court; discharge of surety; new recognizance; conditions.When any person, who is surety in a recognizance for the appearance of any defendant before any court in this state, desires to surrender the defendant, he shall, by delivering the defendant in open court, be discharged from any further responsibility on such recognizance; and the defendant shall be committed by the court to the jail of the county, unless he shall give a new recognizance, with good and sufficient sureties in such amount as the court may determine, conditioned as the original recognizance.Source   G.S.1873, c. 58, § 350, p. 803;   R.S.1913, § 9007;   C.S.1922, § 10031;   C.S.1929, § 29-905;   R.S.1943, § 29-905. Annotations  Section applies to giving bond for personal appearance of defendant prior to the trial and not after. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926). Rearrest discharges liability of sureties on recognizance. Smith v. State, 12 Neb. 309, 11 N.W. 317 (1882).
NE Code § 29-906 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-906 - Surrender of accused by surety to sheriff; authority.

29-906.  Surrender of accused by surety to sheriff; authority.In all cases of bail for the appearance of any person or persons charged with any criminal offense, the surety or sureties of such person or persons may, at any time before judgment is rendered against him or them, seize and surrender such person or persons charged as aforesaid to the sheriff of the county wherein the recognizance shall be taken.Source   G.S.1873, c. 58, § 351, p. 803;   R.S.1913, § 9008;   C.S.1922, § 10032;   C.S.1929, § 29-906;   R.S.1943, § 29-906. Annotations Section applies to giving bond for personal appearance of defendant prior to the trial and not after. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926).
NE Code § 29-907 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-907 - Surrender of accused by surety to sheriff; duty of sheriff; discharge of surety.

29-907.  Surrender of accused by surety to sheriff; duty of sheriff; discharge of surety.It shall be the duty of such sheriff, on such surrender and the delivery to him of a certified copy of the recognizance by which such surety or sureties are bound, to take such person or persons so charged as aforesaid into custody, and by writing acknowledge such surrender, and thereupon the surety or sureties shall be discharged from any such recognizance, upon payment of all costs occasioned thereby.Source   G.S.1873, c. 58, § 352, p. 803;   R.S.1913, § 9009;   C.S.1922, § 10033;   C.S.1929, § 29-907;   R.S.1943, § 29-907.
NE Code § 29-908 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-908 - Bail, recognizance, or conditional release; failure to appear; penalties.

29-908.  Bail, recognizance, or conditional release; failure to appear; penalties.Whoever is charged with a felony and is released from custody under bail, recognizance, or a conditioned release and willfully fails to appear before the court granting such release when legally required or to surrender himself within three days thereafter, shall be guilty of a Class IV felony, in addition to any other penalties or forfeitures provided by law.Whoever is charged with a misdemeanor or violation of city or village ordinance, conviction of which would carry a jail sentence of more than ninety days, who is released from custody under bail or recognizance or conditioned release and who willfully fails to appear before the court granting such release when legally required to surrender himself or within three days thereafter, shall be guilty of a Class II misdemeanor, in addition to any other penalties or forfeitures provided by law.Source   Laws 1971, LB 274, § 1;   Laws 1977, LB 40, § 115.  Annotations  As used in this section, failure to appear before the court includes a convicted defendant who willfully fails to comply with a sentencing court's order to report to a court-designated officer who is legally authorized to take him into custody so that he may begin his sentence after a conditioned release or a release under recognizance. State v. Moss, 240 Neb. 21, 480 N.W.2d 198 (1992). Court when releasing a defendant on bond need only inform defendant of special or unusual condition of his bail attached thereto and no duty exists to inform the defendant of obvious condition to return to the court as ordered nor inform defendant of possible penalty for failure to appear. State v. King, 214 Neb. 855, 336 N.W.2d 576 (1983). A defendant who is released following imposition of sentence under a stay of execution with orders to reappear upon further order of the court has been "released from custody under a conditioned release" within the meaning of this section, and violates said provision by failing to appear when so ordered by the court. State v. Robinson, 209 Neb. 726, 311 N.W.2d 7 (1981). A person already found guilty of a felony is still a person "charged with a felony," under the terms of this section. State v. McDaniel, 205 Neb. 53, 285 N.W.2d 841 (1979).
NE Code § 29-909 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-909 - Pretrial release agency; authority to designate; recommendations; recognizance; when.

29-909.  Pretrial release agency; authority to designate; recommendations; recognizance; when.The district courts of this state are authorized to designate an official pretrial release agency for a district, or for any county within a district, whenever the court is satisfied that such agency can render competent and effective assistance to the court in making its determination of the terms and conditions under which any court should release a prisoner from jail prior to trial. When such a pretrial release agency has been designated, the judge of any court within the district or county in which such agency has been authorized to operate may give consideration to a report and recommendation of such agency and in the event that such agency should recommend the release of the prisoner on his own recognizance, the court may order the release of the prisoner without the necessity of posting a cash deposit or requiring any surety set out in section 29-901. Nothing in this section shall restrict any court from releasing a prisoner on his own recognizance, whether or not he has received a report or recommendation from a pretrial release agency, if the judge determines that such type of release would adequately serve the ends of justice.Source   Laws 1971, LB 412, § 1;   Laws 1972, LB 1249, § 1;   Laws 1974, LB 828, § 9.