reglab/statecodes huggingface dataset:
2023 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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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 and beginning January 1, 2024, section 60-6,279.
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;
Laws 2023, LB138, § 3.
Operative Date: September 2, 2023
Cross References
Child passenger restraint system, violation, see sections 60-6,267, 60-6,268, and 71-1907.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-504 - Felony; speedy preliminary hearing required.

29-504.
Felony; speedy preliminary hearing required.
When the complaint is for a felony, upon the accused being brought before the magistrate, he shall proceed as soon as may be, in the presence of the accused, to inquire into the complaint.
Source
G.S.1873, c. 58, § 300, p. 793;
R.S.1913, § 8955;
C.S.1922, § 9979;
Laws 1925, c. 101, § 1, p. 290;
C.S.1929, § 29-504;
R.S.1943, § 29-504;
Laws 1972, LB 1032, § 168;
Laws 1973, LB 226, § 16.
Annotations
Pursuant to this section, the accused must be brought before a magistrate as soon as is practical under the existing circumstances. State v. Thomas, 236 Neb. 84, 459 N.W.2d 204 (1990).
A speedy preliminary hearing is a personal right which may be waived. State v. Gau, 182 Neb. 114, 153 N.W.2d 298 (1967); Reinoehl v. State, 62 Neb. 619, 87 N.W. 355 (1901); Latimer v. State, 55 Neb. 609, 76 N.W. 207 (1898).
A defendant charged with a felony must be given a preliminary hearing as soon as the nature and circumstances of the case will permit. State v. O'Kelly, 175 Neb. 798, 124 N.W.2d 211 (1963).
Person charged with felony should be given preliminary hearing as soon as possible. Maher v. State, 144 Neb. 463, 13 N.W.2d 641 (1944).
Complaining witness is not party to action; magistrate is not disqualified by being relative of complaining witness. Ingraham v. State, 82 Neb. 553, 118 N.W. 320 (1908).
Preliminary examination is necessary, in prosecution by information, before defendant can be put on trial, over objections, unless waived. Jahnke v. State, 68 Neb. 154, 94 N.W. 158 (1903), reversed on rehearing, 68 Neb. 181, 104 N.W. 154 (1905).
Charging two offenses in same count does not render proceedings invalid. Sothman v. State, 66 Neb. 302, 92 N.W. 303 (1902).
Plea in abatement is proper method of raising question whether or not preliminary examination was had. Everson v. State, 4 Neb. Unof. 109, 93 N.W. 394 (1903).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-505 - Witnesses; preliminary hearing; segregation.

29-505.
Witnesses; preliminary hearing; segregation.
The magistrate, if requested, or if he sees good cause therefor, shall order that the witnesses on both sides be examined each one separate from all the others, and that the witnesses for may be kept separate from the witnesses against the accused during the examination.
Source
G.S.1873, c. 58, § 301, p. 793;
R.S.1913, § 8956;
C.S.1922, § 9980;
C.S.1929, § 29-505;
R.S.1943, § 29-505.
Annotations
Magistrates hearing preliminary examinations are invested with discretion to sequester the witnesses. Chicago, B. & Q. R. R. Co. v. Kellogg, 54 Neb. 138, 74 N.W. 403 (1898).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-508 - Refusal of witness to enter into recognizance or accept conditions; effect.

29-508.
Refusal of witness to enter into recognizance or accept conditions; effect.
If any witness required to enter into a recognizance or accept specified conditions for release under section 29-507 refuses to comply with such order, the court shall, subject to the conditions and procedure provided in section 29-508.01, commit him or her to jail until he or she complies with such order or is otherwise discharged according to law.
Source
G.S.1873, c. 58, § 305, p. 793;
R.S.1913, § 8959;
C.S.1922, § 9983;
C.S.1929, § 29-508;
R.S.1943, § 29-508;
Laws 1981, LB 228, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-508.01 - Witness committed to jail; prerequisites; rights; appeal.

29-508.01.
Witness committed to jail; prerequisites; rights; appeal.
Before a witness is committed to jail under subdivision (4) of section 29-507 or 29-508, he or she shall:
(1) Receive written notice of the allegations upon which the state relied for its claim of a right to require a recognizance or detention and of the time and place of the hearing on those allegations;
(2) Have a hearing before a judge;
(3) Have the evidence in support of the state's claim disclosed to him or her at a hearing;
(4) Have an opportunity to be heard in person and to present witnesses and documentary evidence;
(5) Have, to the extent practicable, the right to confront and cross-examine witnesses;
(6) Have the right to counsel; and
(7) Be given a written statement by the decisionmaker as to the evidence relied upon and the reasons for the decision made.
A decision to commit a person to jail may be appealed and shall be given priority on the appellate court's calendar.
Source
Laws 1981, LB 228, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-508.02 - Witness committed to jail; receive witness fee.

29-508.02.
Witness committed to jail; receive witness fee.
A witness committed to jail under subdivision (4) of section 29-507 or 29-508 shall, in addition to the fee provided under section 33-139, receive an amount equal to the amount a witness receives under section 29-1908 for each day held in custody.
Source
Laws 1981, LB 228, § 4.
Cross References
Mileage, how computed, see section 81-1176.
Witnesses, compensation of, see section 33-139.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-509 - Docket; required; record of recognizances; transcript.

29-509.
Docket; required; record of recognizances; transcript.
It shall be the duty of every magistrate in criminal proceedings to keep a docket thereof as in civil cases. All recognizances taken under section 29-506 or 29-507, together with a transcript of the proceedings, where the defendant is held to answer, shall be certified and returned forthwith to the clerk of the court at which the prisoner is to appear. The transcript shall contain an accurate bill of all the costs that have accrued, and the items composing the same.
Source
G.S.1873, c. 58, § 306, p. 794;
R.S.1913, § 8960;
C.S.1922, § 9984;
C.S.1929, § 29-509;
R.S.1943, § 29-509;
Laws 2007, LB214, § 3.
Annotations
Jurisdiction of district court over accused, held for trial by examining magistrate, is not terminated by order quashing information. Dobrusky v. State, 140 Neb. 360, 299 N.W. 539 (1941).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-510 - Finding; offense of a higher grade committed than that charged; power of magistrate.

29-510.
Finding; offense of a higher grade committed than that charged; power of magistrate.
If upon the examination it shall appear to the magistrate that the accused has committed an offense of a higher grade than that charged, he may be held to answer therefor.
Source
G.S.1873, c. 58, § 309, p. 794;
R.S.1913, § 8961;
C.S.1922, § 9985;
C.S.1929, § 29-510;
R.S.1943, § 29-510.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-610.01 - Subpoena; witness; service; failure to appear; contempt of court.

29-610.01.
Subpoena; witness; service; failure to appear; contempt of court.
In criminal misdemeanor cases the clerk may issue writs of subpoena to the witness named therein by mailing it to such person by certified mail to the last-known residence of such person or, if such address is unknown, to the last-known business address of such person. The person making such service shall make a return thereof showing the manner and proof of service. If any such witness shall fail to appear at the time and place required by the subpoena, such witness may be deemed to be in contempt of court upon a showing of actual notice.
Source
Laws 1974, LB 684, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-610.02 - Subpoena; witness; failure to appear; penalty.

29-610.02.
Subpoena; witness; failure to appear; penalty.
Contempt of court under section 29-610.01 shall be punished by a fine of not less than ten dollars nor more than five hundred dollars or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment.
Source
Laws 1974, LB 684, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-611 - Appeal; procedure.

29-611.
Appeal; procedure.
The defendant shall have the right of appeal from any judgment of a county court pursuant to sections 25-2728 to 25-2737.
Source
G.S.1873, c. 58, § 324, p. 797;
R.S.1913, § 8975;
C.S.1922, § 9999;
Laws 1923, c. 113, § 1, p. 271;
C.S.1929, § 29-611;
Laws 1937, c. 66, § 1, p. 249;
C.S.Supp.,1941, § 29-611;
R.S.1943, § 29-611;
Laws 1972, LB 1032, § 169;
Laws 1973, LB 6, § 2;
Laws 1984, LB 13, § 52;
Laws 1986, LB 529, § 29.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-615 - Offenses not cognizable by county court; procedure.

29-615.
Offenses not cognizable by county court; procedure.
If in the progress of any trial before a county court it shall appear that the defendant ought to be put upon his or her trial for an offense not cognizable before such court, the court shall immediately stop all further proceedings before the court and proceed as in other criminal cases exclusively cognizable before the district court.
Source
G.S.1873, c. 58, § 327, p. 798;
R.S.1913, § 8979;
C.S.1922, § 10003;
C.S.1929, § 29-615;
R.S.1943, § 29-615;
Laws 1972, LB 1032, § 172;
Laws 1984, LB 13, § 55.
Annotations
Entry upon trial for misdemeanor will not bar subsequent prosecution for felony. Larson v. State, 93 Neb. 242, 140 N.W. 176 (1913).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-729 - Terms, defined.

29-729.
Terms, defined.
Where appearing in sections 29-729 to 29-758, the term Governor includes any person performing the functions of Governor by authority of the law of this state. The term Executive Authority includes the Governor, and any person performing the functions of Governor in a state other than this state, and the term State, referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.
Source
Laws 1963, c. 159, § 1, p. 558.
Annotations
Alleged violations of Uniform Criminal Extradition Act did not exempt offender from trial and punishment by state. State v. Costello, 199 Neb. 43, 256 N.W.2d 97 (1977).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-730 - Fugitives from justice; Governor; duty.

29-730.
Fugitives from justice; Governor; duty.
Subject to the provisions of sections 29-729 to 29-758, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the Executive Authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
Source
Laws 1963, c. 159, § 2, p. 559.
Annotations
A misstatement as to a petitioner's status as a fugitive in the extradition documents did not afford petitioner his right under the Uniform Criminal Extradition Act to have the question of whether he should be extradited from the asylum state properly determined by the governor of that state and, therefore, requires that he be dismissed from custody. Koenig v. Poskochil, 238 Neb. 118, 469 N.W.2d 523 (1991).
Allegation of delayed trial by the demanding state held invalid reason for refusing extradition. Wise v. State, 197 Neb. 831, 251 N.W.2d 373 (1977).
Where one is arrested on demand for extradition, he is not entitled to discharge when demanding state fails to assume custody within thirty days when delay is due to proceedings instituted by him. Prettyman v. Karnopp, 192 Neb. 451, 222 N.W.2d 362 (1974).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-731 - Form of demand.

29-731.
Form of demand.
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under section 29-734, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the Executive Authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand.
Source
Laws 1963, c. 159, § 3, p. 559.
Annotations
A demand for extradition is sufficient if it includes a copy of a judgment of conviction or sentence, together with a statement by the executive authority of the demanding state that the person claimed has broken the terms of parole. Singleton and Anthony v. Adams, 207 Neb. 293, 298 N.W.2d 369 (1980).
Where extradition with accompanying papers referred to annexed and authenticated therein together meet requirements of this section, that is sufficient. Austin v. Brumbaugh, 186 Neb. 815, 186 N.W.2d 723 (1971).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-732 - Governor; order investigation.

29-732.
Governor; order investigation.
When a demand shall be made upon the Governor of this state by the Executive Authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
Source
Laws 1963, c. 159, § 4, p. 559.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-733 - Persons imprisoned or waiting trial out of state; left the demanding state involuntarily; extradition.

29-733.
Persons imprisoned or waiting trial out of state; left the demanding state involuntarily; extradition.
When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the Executive Authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
The Governor of this state may also surrender on demand of the Executive Authority of any other state any person in this state who is charged in the manner provided in section 29-751 with having violated the laws of the state whose Executive Authority is making the demand, even though such person left the demanding state involuntarily.
Source
Laws 1963, c. 159, § 5, p. 560.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-734 - Persons not present in demanding state at time of commission of crime; extradition.

29-734.
Persons not present in demanding state at time of commission of crime; extradition.
The Governor of this state may also surrender, on demand of the Executive Authority of any other state, any person in this state charged in such other state in the manner provided in section 29-731 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose Executive Authority is making the demand, and the provisions of sections 29-729 to 29-758 not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Source
Laws 1963, c. 159, § 6, p. 560.
Annotations
A misstatement as to a petitioner's status as a fugitive in the extradition documents did not afford petitioner his right under the Uniform Criminal Extradition Act to have the question of whether he should be extradited from the asylum state properly determined by the governor of that state and, therefore, requires that he be dismissed from custody. Koenig v. Poskochil, 238 Neb. 118, 469 N.W.2d 523 (1991).
One who commits an act in one state intentionally resulting in a crime in another state may now be extradited. State of Kansas v. Holeb, 188 Neb. 319, 196 N.W.2d 387 (1972).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-735 - Warrant of arrest; issuance.

29-735.
Warrant of arrest; issuance.
If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
Source
Laws 1963, c. 159, § 7, p. 560.