reglab/housing_qa huggingface dataset:
NE Code § 29-213 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-213 - Missing Persons Information Clearinghouse; missing person report; law enforcement agency; duties.

29-213.  Missing Persons Information Clearinghouse; missing person report; law enforcement agency; duties.When a report of a missing person has been received by a law enforcement agency having jurisdiction, the agency shall notify:(1) On-duty personnel of the agency, as soon as practicable, through internal means and over the appropriate police radio network;(2) All law enforcement agencies considered to be involved by the law enforcement agency having jurisdiction;(3) All law enforcement agencies to which the person filing the report requests that the information be sent, if the request is reasonable in light of the information contained in the report;(4) All law enforcement agencies requesting the information; and(5) The Missing Persons Information Clearinghouse.Source   Laws 1985, LB 187, § 2;  Laws 2005, LB 111, § 2.
NE Code § 29-214 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-214 - Missing Persons Information Clearinghouse; missing person report; unemancipated minor; law enforcement agency; duties.

29-214.  Missing Persons Information Clearinghouse; missing person report; unemancipated minor; law enforcement agency; duties.(1) If a report of a missing person involves an unemancipated minor, the law enforcement agency shall immediately transmit the proper information for inclusion in the National Crime Information Center computer and the Missing Persons Information Clearinghouse.(2) If a report of a missing person involves an unemancipated minor, a law enforcement agency shall not prevent an immediate active investigation on the basis of an agency rule which specifies an automatic time limitation for a missing person investigation.Source   Laws 1985, LB 187, § 3;  Laws 2005, LB 111, § 3.  Cross References  Missing Children Identification Act, see section 43-2001 et seq.
NE Code § 29-216 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-216 - Victim of sex offense; law enforcement officer, prosecuting officer, or government official; prohibited acts.

29-216.  Victim of sex offense; law enforcement officer, prosecuting officer, or government official; prohibited acts.(1) No law enforcement officer, prosecuting officer, or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under federal, tribal, state, territorial, or local law to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation of such offense.(2) The refusal of a victim to submit to an examination as described in subsection (1) of this section shall not prevent the investigation of the offense.Source Laws 2007, LB143, § 1.
NE Code § 29-401 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-401 - Law violators; arrest by sheriff or other peace officer; juvenile under eighteen years; requirements.

29-401.  Law violators; arrest by sheriff or other peace officer; juvenile under eighteen years; requirements.Every sheriff, deputy sheriff, marshal, deputy marshal, security guard, police officer, or peace officer as defined in subdivision (15) of section 49-801 shall arrest and detain any person found violating any law of this state or any legal ordinance of any city or incorporated village until a legal warrant can be obtained, except that (1) any such law enforcement officer taking a juvenile under the age of eighteen years into his or her custody for any violation herein defined shall proceed as set forth in sections 43-248, 43-248.01, 43-250, 43-251, 43-251.01, and 43-253 and (2) the court in which the juvenile is to appear shall not accept a plea from the juvenile until finding that the parents of the juvenile have been notified or that reasonable efforts to notify such parents have been made as provided in section 43-250.Source   G.S.1873, c. 58, § 283, p. 789;   R.S.1913, § 8937;   C.S.1922, § 9961;   C.S.1929, § 29-401;   R.S.1943, § 29-401;   Laws 1967, c. 175, § 1, p. 490;   Laws 1972, LB 1403, § 1;   Laws 1981, LB 346, § 86;   Laws 1988, LB 1030, § 23;   Laws 1994, LB 451, § 1;  Laws 2009, LB63, § 22;  Laws 2010, LB771, § 14. Annotations  The finding required by subsection (2) of this section, that the parents of a child under the age of 18 years have been notified of the child's arrest or that reasonable efforts to notify have been made, is not jurisdictional. State v. Taylor, 234 Neb. 18, 448 N.W.2d 920 (1989). An arrest may not be used as a pretext to search for evidence. A pretext arrest is one where the arrest is only a sham, a front being used as an excuse for making a search. The determination of whether an arrest is pretextual is a question of fact for the trial court. This court will not reverse a trial court's finding on this question unless the finding is clearly erroneous. State v. Vann, 230 Neb. 601, 432 N.W.2d 810 (1988). Firing of shots at tires of speeding automobile was justified in making arrest. Breese v. Newman, 179 Neb. 878, 140 N.W.2d 805 (1966). Arrest of person who fled from police officers was justified under facts. Sperry v. Greiner, 175 Neb. 524, 122 N.W.2d 463 (1963). Jury was properly instructed as to the duties of sheriff to arrest and detain under this section. O'Dell v. Goodsell, 152 Neb. 290, 41 N.W.2d 123 (1950). Mandamus will lie to compel city officers to use summary powers to prevent violations of law. Moores v. State ex rel. Dunn, 71 Neb. 522, 99 N.W. 249 (1904). Arrest and detention without warrant by marshal was legal. Fry v. Kaessner, 48 Neb. 133, 66 N.W. 1126 (1896).
NE Code § 29-402 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-402 - Arrest by person not an officer.

29-402.  Arrest by person not an officer.Any person not an officer may, without warrant, arrest any person, if a petit larceny or a felony has been committed, and there is reasonable ground to believe the person arrested guilty of such offense, and may detain him until a legal warrant can be obtained.Source   G.S.1873, c. 58, § 284, p. 789;   R.S.1913, § 8938;   C.S.1922, § 9962;   C.S.1929, § 29-402;   R.S.1943, § 29-402. Annotations  Evidence seized pursuant to an unlawful citizens arrest may still be admissible in absence of a showing of state action. State v. Houlton, 227 Neb. 215, 416 N.W.2d 588 (1987). Jury award of five thousand dollars damages sustained against a private citizen who procured the unlawful arrest and detention of plaintiff. Huskinson v. Vanderheiden, 197 Neb. 739, 251 N.W.2d 144 (1977). A police officer may arrest without a warrant when it appears that a felony has been committed and there are reasonable grounds to believe that the person arrested is guilty of the offense. State v. O'Kelly, 175 Neb. 798, 124 N.W.2d 211 (1963). This section shows intent that provisions of this article apply to felonies and misdemeanors alike. Morrow v. State, 140 Neb. 592, 300 N.W. 843 (1941). Arrest by private person, with cause to believe party arrested had committed a felony, was legal. Simmerman v. State, 16 Neb. 615, 21 N.W. 387 (1884). Crime of which person arrested is suspected must have been committed. Kyner v. Laubner, 3 Neb. Unof. 370, 91 N.W. 491 (1902). Search incident to arrest by Treasury Department agents was proper when agents saw revolver protruding from rear pocket of defendant who was trying to avoid them. United States v. Carter, 523 F.2d 476 (8th Cir. 1975). Cited in determining that postal inspectors had probable cause to arrest defendant for carrying concealed weapon, a state felony. United States v. Unverzagt, 424 F.2d 396 (8th Cir. 1970).
NE Code § 29-402.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-402.01 - Shoplifters; detention; no criminal or civil liability.

29-402.01.  Shoplifters; detention; no criminal or civil liability.A peace officer, a merchant, or a merchant's employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect such recovery, take the person into custody and detain him in a reasonable manner for a reasonable length of time. Such taking into custody and detention by a peace officer, merchant, or merchant's employee shall not render such peace officer, merchant, or merchant's employee criminally or civilly liable for slander, libel, false arrest, false imprisonment, or unlawful detention.Source   Laws 1957, c. 101, § 1, p. 361;   Laws 1963, c. 157, § 1, p. 556.  Annotations  Where the detention of a suspected shoplifter was unreasonable because it continued after the detainers knew their suspicions were groundless and that they had made a mistake, merchant held not protected under this section. Latek v. K Mart Corp., 224 Neb. 807, 401 N.W.2d 503 (1987). The words "a merchant's employee" do not include a merchant's agent who is not an employee. Bishop v. Bockoven, Inc., 199 Neb. 613, 260 N.W.2d 488 (1977). A telephone alert between cooperating store managers advising the location of one suspected of previous shoplifting does not constitute a civil conspiracy against the suspect. Dangberg v. Sears Roebuck & Co., 198 Neb. 234, 252 N.W.2d 168 (1977). Instruction defining arrest in almost verbatim language of 5 Am. Jur. 2d, Arrest, was proper. Schmidt v. Richman Gordman, Inc., 191 Neb. 345, 215 N.W.2d 105 (1974).
NE Code § 29-402.02 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-402.02 - Shoplifters; peace officer; arrest without warrant.

29-402.02.  Shoplifters; peace officer; arrest without warrant.Any peace officer may arrest without warrant any person he has probable cause for believing has committed larceny in retail or wholesale establishments.Source  Laws 1957, c. 101, § 2, p. 361.
NE Code § 29-402.03 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-402.03 - Shoplifters; arrest; merchant or employee not liable.

29-402.03.  Shoplifters; arrest; merchant or employee not liable.A merchant or a merchant's employee who causes the arrest of a person, as provided for in section 29-402.01, for larceny of goods held for sale shall not be criminally or civilly liable for slander, libel, false arrest, or false imprisonment where the merchant or merchant's employee has probable cause for believing that the person arrested committed larceny of goods held for sale.Source   Laws 1957, c. 101, § 3, p. 361;   Laws 1963, c. 157, § 2, p. 557.  Annotations Instruction defining arrest in almost verbatim language of 5 Am. Jur. 2d, Arrest, was proper. Schmidt v. Richman Gordman, Inc., 191 Neb. 345, 215 N.W.2d 105 (1974).
NE Code § 29-403 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-403 - Warrant; who may issue.

29-403.  Warrant; who may issue.Judges of the district court and judges of the county court shall have power to issue process for the apprehension of any person charged with a criminal offense. Clerk magistrates shall have the power to issue such process as provided in section 24-519.Source   G.S.1873, c. 58, § 285, p. 789;   R.S.1913, § 8939;   C.S.1922, § 9963;   C.S.1929, § 29-403;   R.S.1943, § 29-403;   Laws 1972, LB 1032, § 166;   Laws 1984, LB 13, § 51;   Laws 1986, LB 529, § 28.
NE Code § 29-404.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-404.01 - Arrest without warrant; supplemental provisions.

29-404.01.  Arrest without warrant; supplemental provisions.The provisions of sections 29-404.01 to 29-404.03 shall be supplemental and in addition to any other laws relating to the subject of arrest.Source  Laws 1967, c. 172, § 1, p. 487.
NE Code § 29-404.03 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-404.03 - Arrest without warrant; reasonable cause; conditions.

29-404.03.  Arrest without warrant; reasonable cause; conditions.In determining whether reasonable cause exists to justify an arrest, a law enforcement officer may take into account all facts and circumstances, including those based upon any expert knowledge or experience which the officer in fact possessed, which a prudent officer would judge relevant to the likelihood that a crime has been committed and that the person to be arrested has committed it, and for such purpose the officer may rely on information he receives from any informant whom it is reasonable under the circumstances to credit, whether or not at the time of making the arrest the officer knows the informant's identity.Source  Laws 1967, c. 172, § 3, p. 487. Annotations  Police may consider an anonymous tip, along with other facts and circumstances, in determining whether reasonable cause for an arrest exists. Where anonymous tip identified robber as a black male, 6 feet 1 inch tall, 28 years old, with a red eye, known as "Tony," who could be found at a certain address; eyewitnesses identified robber as black male with a red eye; neighbors of specified address described defendant's car; and defendant was a black male, 6 feet 3 inches tall, 29 years old, found at an address where the described car was parked, and named Tony, reasonable cause for arrest existed. State v. Haynie, 239 Neb. 478, 476 N.W.2d 905 (1991). The totality of the circumstances, including a suspect's attempt to flee from a police officer, established reasonable or probable cause that the suspect was driving while his driver's license was still under suspension, which was a misdemeanor; thus, the officer had probable cause to arrest the suspect. Newton v. Huffman, 10 Neb. App. 390, 632 N.W.2d 344 (2001).
NE Code § 29-405 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-405 - Warrant; misdemeanor, complainant; costs.

29-405.  Warrant; misdemeanor, complainant; costs.When the offense charged is a misdemeanor, the magistrate, before issuing the warrant, may, at his discretion, require the complainant to acknowledge himself responsible for costs in case the complaint shall be dismissed, which acknowledgment of security for costs shall be entered upon the docket; and the magistrate on dismissal may, if in his opinion the complaint was without probable cause, enter a judgment against such complainant for costs made thereon. In case the magistrate shall consider such complainant wholly irresponsible, such magistrate may, in his discretion, refuse to issue any warrant unless the complainant procure some responsible surety to the satisfaction of such magistrate for the costs in case of such dismissal, and such surety shall acknowledge himself so bound, and the magistrate shall enter it on his docket.Source   G.S.1873, c. 58, § 287, p. 790;   R.S.1913, § 8941;   C.S.1922, § 9965;   C.S.1929, § 29-405;   R.S.1943, § 29-405. Annotations  Constable cannot demand his fees in advance. Beach v. State ex rel. Emmons, 27 Neb. 398, 43 N.W. 177 (1889). This section does not apply to complaint by prosecuting officer. State ex rel. Thomas v. McCutcheon, 20 Neb. 304, 30 N.W. 58 (1886). Costs can be adjudged against complainant only after finding that complaint was without probable cause. Cobbey v. Berger, 13 Neb. 463, 14 N.W. 396 (1882).
NE Code § 29-406 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-406 - Warrant; to whom directed; contents.

29-406.  Warrant; to whom directed; contents.The warrant shall be directed to the sheriff of the county or to the marshal or other police officer of a city or village and, reciting the substance of the accusation, shall command the officer to take the accused and bring him or her before the magistrate or court issuing the warrant or some other magistrate having cognizance of the case to be dealt with according to law. No seal shall be necessary to the validity of the warrant.Source   G.S.1873, c. 58, § 288, p. 790;   R.S.1913, § 8942;   C.S.1922, § 9966;   C.S.1929, § 29-406;   R.S.1943, § 29-406;   Laws 1972, LB 1032, § 167;   Laws 1988, LB 1030, § 24.  Annotations  If defendant is in court when complaint is filed, warrant need not issue. Cohoe v. State, 79 Neb. 811, 113 N.W. 532 (1907). Validity of warrant will not be inquired into by district court when accused has waived preliminary and given bond. Bartley v. State, 53 Neb. 310, 73 N.W. 744 (1898). Police officer is commanded to take an accused under arrest before a magistrate. Gallegos v. Nebraska, 342 U.S. 55 (1951).
NE Code § 29-407 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-407 - Warrant; persons who may execute.

29-407.  Warrant; persons who may execute.The magistrate issuing any such warrant may make an order thereon authorizing a person to be named in such warrant to execute the warrant. The person named in such order may execute such warrant anywhere in the state by apprehending and conveying such offender before the magistrate issuing such warrant or before some other magistrate of the same county. All sheriffs, coroners, and others when required in their respective counties shall aid and assist in the execution of such warrant.Source   G.S.1873, c. 58, § 289, p. 790;   R.S.1913, § 8943;   C.S.1922, § 9967;   C.S.1929, § 29-407;   R.S.1943, § 29-407;   Laws 1988, LB 1030, § 25.  Annotations Warrant for arrest may be executed within any county in the state. State v. Clingerman, 180 Neb. 344, 142 N.W.2d 765 (1966).
NE Code § 29-408 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-408 - Warrant; pursuit and arrest of fugitive.

29-408.  Warrant; pursuit and arrest of fugitive.If any person charged as aforesaid with the commission of an offense shall flee from justice, it shall be lawful for the officer, in whose hands the warrant for such person has been placed, to pursue and arrest such person in any other county of this state, and to convey him before the magistrate issuing the warrant, or any other magistrate having cognizance of the case, of the county where such offense was committed.Source   G.S.1873, c. 58, § 290, p. 790;   R.S.1913, § 8944;   C.S.1922, § 9968;   C.S.1929, § 29-408;   R.S.1943, § 29-408.
NE Code § 29-409 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-409 - Fugitive; warrant for arrest and return; effect.

29-409.  Fugitive; warrant for arrest and return; effect.If any person charged with an offense shall abscond or remove from the county in which such offense is alleged to have been committed, it shall be lawful for any magistrate of the county in which such person may be found to issue a warrant for the arrest and removal of such person to the county in which the offense is alleged to have been committed, to be there delivered to any magistrate of such county, who shall cause the person so delivered to be dealt with according to law; and the warrant so issued shall have the same force and effect as if issued from the county in which such offense is alleged to have been committed.Source   G.S.1873, c. 58, § 291, p. 791;   R.S.1913, § 8945;   C.S.1922, § 9969;   C.S.1929, § 29-409;   R.S.1943, § 29-409.
NE Code § 29-410 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-410 - Prisoner; lawful arrest; detention.

29-410.  Prisoner; lawful arrest; detention.Any officer or other person having in lawful custody any person accused of an offense for the purpose of bringing him before the proper magistrate or court, may place and detain such prisoner in any county jail of this state for one night or longer, as the occasion may require, so as to answer the purposes of the arrest and custody.Source   G.S.1873, c. 58, § 292, p. 791;   R.S.1913, § 8946;   C.S.1922, § 9970;   C.S.1929, § 29-410;   R.S.1943, § 29-410. Annotations  The Fourth Amendment to the U.S. Constitution requires a prompt judicial determination of probable cause as a prerequisite to an extended pretrial detention following a warrantless arrest. State v. Nissen, 252 Neb. 51, 560 N.W.2d 157 (1997). Jury was properly instructed as to duties of sheriff to arrest and detain under this section. O'Dell v. Goodsell, 152 Neb. 290, 41 N.W.2d 123 (1950). In action against sheriff for false imprisonment on theory that plaintiff was detained without warrant, evidence was sufficient to establish that plaintiff's arrest and detention were lawful. Martin v. Sanford, 129 Neb. 212, 261 N.W. 136 (1935).
NE Code § 29-412 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-412 - Arrest under a warrant; prisoner to be taken before magistrate; return.

29-412.  Arrest under a warrant; prisoner to be taken before magistrate; return.Whenever any person has been arrested under a warrant as provided in sections 29-401 to 29-411, it shall be the duty of the officer making the arrest to take the person so arrested before the proper magistrate; and the warrant by virtue of which the arrest was made, with the proper return endorsed thereon and signed by the officer, shall be delivered to such magistrate.Source   G.S.1873, c. 58, § 294, p. 791;   R.S.1913, § 8948;   C.S.1922, § 9972;   C.S.1929, § 29-412;   R.S.1943, § 29-412.
NE Code § 29-413 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-413 - Offense committed in view of magistrate; arrest; when authorized; detention.

29-413.  Offense committed in view of magistrate; arrest; when authorized; detention.When any offense is committed in view of any magistrate, he or she may, by verbal direction to any sheriff, marshal, or other proper officer or, if no such officer is present, then to any citizen, cause the offender to be arrested and kept in custody for the space of one hour unless he or she shall sooner be taken from such custody by virtue of a warrant issued on complaint under oath. A person so arrested shall not be confined in jail nor put upon trial until arrested by virtue of such a warrant.Source   G.S.1873, c. 58, § 295, p. 791;   R.S.1913, § 8949;   C.S.1922, § 9973;   C.S.1929, § 29-413;   R.S.1943, § 29-413;   Laws 1988, LB 1030, § 26.
NE Code § 29-414 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-414 - Rewards for conviction of felons; powers of county boards; limitation on amount.

29-414.  Rewards for conviction of felons; powers of county boards; limitation on amount.The county boards of the several counties in this state are hereby authorized, when they deem the same expedient, to offer such rewards as in their judgment the nature of the case may require for the detection or apprehension of any person charged with or convicted of a felony, and pay the same, together with all necessary expenses, not otherwise provided by law, incurred in making such detection or apprehension, out of the county treasury; Provided, in no case shall the amount paid out for expense exceed the sum of three hundred dollars.Source   G.S.1873, c. 58, § 296, p. 791;   Laws 1907, c. 175, § 1, p. 507;   R.S.1913, § 8950;   C.S.1922, § 9974;   C.S.1929, § 29-414;   R.S.1943, § 29-414. Annotations This section does not authorize payment of reward until conviction. Anderson v. Pierce County, 40 Neb. 481, 58 N.W. 955 (1894).
NE Code § 29-415 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-415 - Rewards for capture and conviction of horse and auto thieves; powers of sheriffs; limitation on amount.

29-415.  Rewards for capture and conviction of horse and auto thieves; powers of sheriffs; limitation on amount.The sheriffs of the several counties within this state are hereby authorized to offer and pay a reward not exceeding the sum of fifty dollars for the capture and conviction of any person charged with stealing a horse or horses, automobile or automobiles, within their respective counties; and the county boards of such counties shall audit the accounts of such sheriffs for money paid out as such rewards, together with all necessary expenses incurred in the apprehension and detention of any such horse thief or automobile thief, and pay the same out of the treasury of their county.Source   Laws 1879, § 1, p. 181;   R.S.1913, § 8951;   Laws 1919, c. 139, § 1, p. 317;   C.S.1922, § 9975;   C.S.1929, § 29-415;   R.S.1943, § 29-415.