reglab/housing_qa huggingface dataset:
NE Code § 29-416 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-416 - Fresh pursuit; peace officer from another state; authority to make arrest.

29-416.  Fresh pursuit; peace officer from another state; authority to make arrest.Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person, in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.Source   Laws 1937, c. 70, § 1, p. 256;   C.S.Supp.,1941, § 29-416;   R.S.1943, § 29-416. Annotations  The Nebraska Uniform Act on Fresh Pursuit applies only to officers from another state entering this state; it does not apply to a police officer of a city of the second class seeking to arrest a misdemeanor suspect outside the officer's geographical jurisdiction. State v. Tingle, 239 Neb. 558, 477 N.W.2d 544 (1991). Fresh pursuit is pursuit instituted immediately and with intent to reclaim or recapture. State v. Goff, 174 Neb. 548, 118 N.W.2d 625 (1962).
NE Code § 29-417 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-417 - Fresh pursuit; procedure after arrest.

29-417.  Fresh pursuit; procedure after arrest.If an arrest is made in this state by an officer of another state in accordance with the provisions of section 29-416, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.Source   Laws 1937, c. 70, § 2, p. 256;   C.S.Supp.,1941, § 29-417;   R.S.1943, § 29-417. Annotations This section outlines procedure to be followed after arrest made in fresh pursuit. State v. Goff, 174 Neb. 548, 118 N.W.2d 625 (1962).
NE Code § 29-417.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-417.01 - Fresh pursuit; interstate pursuit; liability; personal jurisdiction.

29-417.01.  Fresh pursuit; interstate pursuit; liability; personal jurisdiction.(1) A member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit under authority of the Uniform Act on Fresh Pursuit shall be jointly and severally liable, along with the state, county, or municipal peace unit employing the member, for death, injury, or property damage to an innocent third party proximately caused by the action of the member during fresh pursuit.(2) A member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit under authority of the Uniform Act on Fresh Pursuit shall be deemed to have given his or her consent to be subject to the laws of this state, and such action by the member shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such person, with respect to a cause of action regarding death, injury, or property damage to an innocent third party proximately caused by the actions of the member during fresh pursuit.(3) Any duly organized state, county, or municipal peace unit of another state of the United States that authorizes its members to enter this state during fresh pursuit under authority of the Uniform Act on Fresh Pursuit shall be deemed to have given its consent to be subject to the laws of this state, and such action by the members shall constitute sufficient contact with this state for the exercise of personal jurisdiction over such peace unit, with respect to a cause of action regarding death, injury, or property damage to an innocent third party proximately caused by the actions of such members during fresh pursuit.Source Laws 2001, LB 299, § 1.
NE Code § 29-418 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-418 - Fresh pursuit; section, how construed.

29-418.  Fresh pursuit; section, how construed.Section 29-416 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.Source   Laws 1937, c. 70, § 3, p. 256;   C.S.Supp.,1941, § 29-418;   R.S.1943, § 29-418.
NE Code § 29-419 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-419 - Fresh pursuit; state, defined.

29-419.  Fresh pursuit; state, defined.For purposes of the Uniform Act on Fresh Pursuit, the word state shall include the District of Columbia.Source   Laws 1937, c. 70, § 4, p. 256;   C.S.Supp.,1941, § 29-419;   R.S.1943, § 29-419;  Laws 2001, LB 299, § 2.
NE Code § 29-420 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-420 - Fresh pursuit, defined.

29-420.  Fresh pursuit, defined.For purposes of the Uniform Act on Fresh Pursuit, the term fresh pursuit shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.Source   Laws 1937, c. 70, § 5, p. 256;   C.S.Supp.,1941, § 29-420;   R.S.1943, § 29-420;  Laws 2001, LB 299, § 3.  Annotations In order for search to be valid in connection with fresh pursuit, felony must have been committed in another state. State v. Goff, 174 Neb. 548, 118 N.W.2d 625 (1962).
NE Code § 29-421 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-421 - Act, how cited.

29-421.  Act, how cited.Sections 29-416 to 29-421 shall be known and may be cited as the Uniform Act on Fresh Pursuit.Source   Laws 1937, c. 70, § 8, p. 257;   C.S.Supp.,1941, § 29-423;   R.S.1943, § 29-421;  Laws 2001, LB 299, § 4.
NE Code § 29-422 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-422 - Citation in lieu of arrest; legislative intent.

29-422.  Citation in lieu of arrest; legislative intent.It is hereby declared to be the policy of the State of Nebraska to issue citations in lieu of arrest or continued custody to the maximum extent consistent with the effective enforcement of the law and the protection of the public. In furtherance of that policy, except as provided in sections 28-311.11, 42-928, and 42-929, any peace officer shall be authorized to issue a citation in lieu of arrest or continued custody for any offense which is a traffic infraction, any other infraction, or a misdemeanor and for any violation of a city or village ordinance. Such authorization shall be carried out in the manner specified in sections 29-422 to 29-429 and 60-684 to 60-686.Source   Laws 1974, LB 829, § 1;   Laws 1978, LB 808, § 6;   Laws 1985, LB 19, § 2;   Laws 1989, LB 330, § 2;   Laws 1993, LB 370, § 12;  Laws 2017, LB289, § 12.
NE Code § 29-423 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-423 - Citation; Supreme Court; prescribe form; contents.

29-423.  Citation; Supreme Court; prescribe form; contents.To achieve uniformity, the Supreme Court may prescribe the form of citation. The citation shall include a description of the crime or offense charged, the time and place at which the person cited is to appear, a warning that failure to appear in accordance with the command of the citation is a punishable offense, and such other matter as the court deems appropriate, but shall not include a place for the cited person's social security number. The court may provide that a copy of the citation shall constitute the complaint filed in the trial court.Source   Laws 1974, LB 829, § 2;  Laws 2002, LB 82, § 11.
NE Code § 29-424 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-424 - Citation; contents; procedure; complaint; waiver; use of credit card authorized.

29-424.  Citation; contents; procedure; complaint; waiver; use of credit card authorized.When a citation is used by a peace officer or when a citation is used by an official or inspector pursuant to section 18-1757, he or she shall enter thereon all required information, including the name and address of the cited person, the offense charged, and the time and place the person cited is to appear in court. Unless the person cited requests an earlier date, the time of appearance shall be at least three days after the issuance of the citation. One copy of the citation shall be delivered to the person cited, and a duplicate thereof shall be signed by such person, giving his or her promise to appear at the time and place stated therein. Such person thereupon shall be released from custody. As soon as practicable, the copy signed by the person cited shall be delivered to the prosecuting attorney.At least twenty-four hours before the time set for the appearance of the cited person, either the prosecuting attorney or other person authorized by law to issue a complaint for the particular offense shall issue and file a complaint charging such person with an offense or such person shall be released from the obligation to appear as specified. A person cited pursuant to sections 29-422 to 29-429 may waive his or her right to trial. The Supreme Court may prescribe uniform rules for such waivers.Anyone may use a credit card authorized by the court in which the person is cited as a means of payment of his or her fine and costs.Source   Laws 1974, LB 829, § 3;   Laws 1978, LB 808, § 7;   Laws 1985, LB 19, § 3;   Laws 1985, LB 326, § 3;   Laws 1988, LB 370, § 5;   Laws 1998, LB 109, § 2;  Laws 2006, LB 1175, § 4.  Cross References  Traffic infraction, citation, see section 60-684.Annotations A police chief's failure to forward, in accordance with this section, to the county attorney a citation charging a city employee with a crime in order to prevent the city employee's employment from being terminated was obstructing government operations as set forth in section 28-901(1). The police chief obstructed or impaired a governmental function by failing to forward the citation to the county attorney, as required by this section, because the action of failing to forward the citation impaired the county attorney's performance of its prosecutorial functions. The police chief did not have discretion to remove the citation of the city employee from the packet of citations to be sent to the county attorney such to conclude that he did not breach this section. State v. Wilkinson, 293 Neb. 876, 881 N.W.2d 850 (2016).
NE Code § 29-425 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-425 - Citation; issued, when; service.

29-425.  Citation; issued, when; service.Citations may also be issued under the following circumstances:(1) In any case in which the prosecuting officer is convinced that a citation would serve all of the purposes of an arrest warrant; and(2) Whenever any complaint or information is filed in any court in this state charging a felony, misdemeanor, infraction, or violation of a city or village ordinance when the court is convinced that a citation would serve all of the purposes of the arrest warrant procedure.The citations provided for in this section may be served in the same manner as an arrest warrant, in the same manner as a summons in a civil action, or may be served by certified mail.Source   Laws 1974, LB 829, § 4;   Laws 1978, LB 808, § 8.
NE Code § 29-426 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-426 - Citation; failure to appear; penalty.

29-426.  Citation; failure to appear; penalty.Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.Source  Laws 1974, LB 829, § 5. Cross References  Traffic infraction, refusal to sign citation, see section 60-684.Annotations One-year probation as sentence for violating this section affirmed. State v. Meints, 223 Neb. 199, 388 N.W.2d 813 (1986).
NE Code § 29-427 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-427 - Detention of accused; grounds.

29-427.  Detention of accused; grounds.Any peace officer having grounds for making an arrest may take the accused into custody or, already having done so, detain him further when the accused fails to identify himself satisfactorily, or refuses to sign the citation, or when the officer has reasonable grounds to believe that (1) the accused will refuse to respond to the citation, (2) such custody is necessary to protect the accused or others when his continued liberty would constitute a risk of immediate harm, (3) such action is necessary in order to carry out legitimate investigative functions, (4) the accused has no ties to the jurisdiction reasonably sufficient to assure his appearance, or (5) the accused has previously failed to appear in response to a citation.Source  Laws 1974, LB 829, § 6. Annotations  An officer may arrest for an infraction if such action is necessary to carry out a legitimate investigative function. State v. Sassen, 240 Neb. 773, 484 N.W.2d 469 (1992). Any peace officer having grounds for making an arrest may take the accused into custody or, already having done so, detain him further when the accused fails to identify himself satisfactorily or refuses to sign the citation or when the officer has reasonable grounds to believe that such action is necessary in order to carry out legitimate investigative functions. State v. Petersen, 12 Neb. App. 445, 676 N.W.2d 65 (2004). Except as provided in this section, for any offense classified as an infraction, a citation shall be issued in lieu of arrest or continued custody. State v. Petersen, 12 Neb. App. 445, 676 N.W.2d 65 (2004). A trooper who did not have grounds to arrest a suspect could not detain the suspect under this section. State v. Scovill, 9 Neb. App. 118, 608 N.W.2d 623 (2000).
NE Code § 29-428 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-428 - Sections, how construed.

29-428.  Sections, how construed.Nothing in sections 29-422 to 29-429 and 60-684 to 60-686 shall be construed to affect the rights, lawful procedures, or responsibilities of law enforcement agencies or peace officers using the citation procedure in lieu of the arrest or warrant procedure.Source   Laws 1974, LB 829, § 7;   Laws 1985, LB 19, § 4;   Laws 1993, LB 370, § 13.
NE Code § 29-429 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-429 - Citation; cited person to medical facility; when.

29-429.  Citation; cited person to medical facility; when.Notwithstanding that a citation is issued, a peace officer is authorized to take a cited person to an appropriate medical facility if he appears mentally or physically unable to care for himself.Source  Laws 1974, LB 829, § 8.
NE Code § 29-430 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-430 - Citation; social security number prohibited.

29-430.  Citation; social security number prohibited.A citation issued by a law enforcement officer shall not contain the cited person's social security number.Source Laws 2002, LB 82, § 1.
NE Code § 29-431 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-431 - Infraction, defined.

29-431.  Infraction, defined.As used in sections 28-416, 29-422, 29-424, 29-425, 29-431 to 29-434, 48-1231, and 53-173, unless the context otherwise requires, infraction means the violation of any law, ordinance, order, rule, or regulation, not including those related to traffic, which is not otherwise declared to be a misdemeanor or a felony. Infraction includes violations of section 60-6,267.Source   Laws 1978, LB 808, § 1;   Laws 1979, LB 534, § 1;   Laws 1983, LB 306, § 1;   Laws 1993, LB 370, § 14;  Laws 2010, LB884, § 1;  Laws 2015, LB330, § 1.  Cross References  Child passenger restraint system, violation, see sections 60-6,267, 60-6,268, and 71-1907.
NE Code § 29-432 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-432 - Infraction; person alleged to have committed; custody; when.

29-432.  Infraction; person alleged to have committed; custody; when.Any peace officer may take a person alleged to have committed an infraction into custody if harm is likely to occur to either the individual or society if such person is not taken into custody.Source  Laws 1978, LB 808, § 3.
NE Code § 29-433 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-433 - Infraction involving controlled substance; person cited for; course of instruction; requirements.

29-433.  Infraction involving controlled substance; person cited for; course of instruction; requirements.A person cited for an infraction pursuant to section 28-416 shall be assigned to attend a course of instruction relating to the effects of the misuse of drugs, including alcohol and controlled substances. Such instruction shall include counseling on the legal, medical, psychological, and social effects of drug use and abuse. Such course shall consist of a minimum of five hours and a maximum of ten hours of instruction and counseling. Upon completion of the assigned course the instructor shall notify the court in writing of such completion and the notification shall be made a part of the record of the citation. Any person failing to complete such course within thirty days after the assignment shall be guilty of an infraction.Source  Laws 1978, LB 808, § 4.
NE Code § 29-434 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-434 - Drug treatment centers; provide course of instruction.

29-434.  Drug treatment centers; provide course of instruction.All drug treatment centers shall provide the necessary facilities and programs to carry out the provisions of section 29-433.Source   Laws 1978, LB 808, § 5;  Laws 2004, LB 1083, § 87.
NE Code § 29-435 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-435 - Infraction; citation issued in lieu of arrest; exception.

29-435.  Infraction; citation issued in lieu of arrest; exception.Except as provided in section 29-427, for any offense classified as an infraction, a citation shall be issued in lieu of arrest or continued custody pursuant to sections 29-422 to 29-429.Source   Laws 1979, LB 534, § 2;   Laws 1985, LB 19, § 5. Annotations Except as provided in section 29‑427, for any offense classified as an infraction, a citation shall be issued in lieu of arrest or continued custody. State v. Petersen, 12 Neb. App. 445, 676 N.W.2d 65 (2004).
NE Code § 29-436 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-436 - Infraction, penalties.

29-436.  Infraction, penalties.Any person guilty of an infraction when a penalty is not otherwise specified shall: (1) For the first offense be fined not more than one hundred dollars; (2) upon a second conviction for the same infraction within a two-year period be fined not less than one hundred dollars and not more than three hundred dollars; and (3) upon a third or subsequent conviction for the same infraction within a two-year period be fined not less than two hundred dollars and not more than five hundred dollars.Source  Laws 1979, LB 534, § 3.
NE Code § 29-437 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-437 - Infraction; trial without a jury; constitutional rights.

29-437.  Infraction; trial without a jury; constitutional rights.The trial of any person for an infraction shall be by the court without a jury. All other rights provided by the Constitution of the United States made applicable to the states by the Fourteenth Amendment to the Constitution of the United States and the Constitution of the State of Nebraska shall apply to persons charged with an infraction.Source  Laws 1979, LB 534, § 4.
NE Code § 29-438 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-438 - Infraction; treated as first offense; when.

29-438.  Infraction; treated as first offense; when.Any person charged with commission of an infraction which was committed more than two years after such person's last conviction for the same infraction shall be charged as though the most recent infraction was a first offense.Source  Laws 1979, LB 534, § 5.
NE Code § 29-439 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-439 - Domestic assault; arrest; conditions; report required.

29-439.  Domestic assault; arrest; conditions; report required.(1) If a peace officer receives complaints under section 28-323 from two or more opposing persons, the officer shall evaluate each complaint separately to determine who was the predominant aggressor. If the officer determines that one person was the predominant aggressor, the officer need not arrest the other person believed to have committed an offense. In determining whether a person is the predominant aggressor, the officer shall consider, among other things:(a) Prior complaints under section 28-323;(b) The relative severity of the injuries inflicted on each person;(c) The likelihood of future injury to each person; and(d) Whether one of the persons acted with a justified use of force under sections 28-1406 to 28-1416.(2) In addition to any other report required, a peace officer who arrests two or more persons with respect to such a complaint shall submit a detailed, written report setting forth the grounds for arresting multiple parties.Source Laws 2004, LB 613, § 7.
NE Code § 29-440 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-440 - Domestic assault; weapons; seizure and disposition.

29-440.  Domestic assault; weapons; seizure and disposition.(1) Incident to an arrest under section 28-323, a peace officer:(a) Shall seize all weapons that are alleged to have been involved or threatened to be used; and(b) May seize any firearm and ammunition in the plain view of the officer or that is discovered pursuant to a search authorized or consented to by the person being searched or in charge of the premises being searched, as necessary for the protection of the officer or any other person.(2) Weapons seized under this section shall be stored according to the policies and procedures implemented by the seizing law enforcement agency.(3) Disposition of weapons under this section shall be determined by court order.Source Laws 2004, LB 613, § 8.