Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 161, § 12.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-812 Search warrant; issuance.
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A search warrant authorized by sections 29-812 to 29-821 may be issued by any judge of the county court, district court, Court of Appeals, or Supreme Court for execution anywhere within the State of Nebraska or for service upon any publicly or privately held corporation, partners…
Neb. Rev. Stat. § 29-813 Search warrant; issuance; limitation; terms, defined.
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(1) A warrant may be issued under sections 29-812 to 29-821 to search for and seize any property (a) stolen, embezzled, or obtained under false pretenses in violation of the laws of the State of Nebraska, (b) designed or intended for use or which is or has been used as the means …
Repealed. Laws 1980, LB 731, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-814.01 Search warrant; issuance on affidavit; procedure.
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A search warrant may be issued under section 29-814.04 pursuant to written affidavit sworn to before a magistrate, a judge, or any other person authorized to administer oaths under the laws of this state by the person making it. Such affidavit shall particularly describe the pers…
Neb. Rev. Stat. § 29-814.02 Search warrant; issuance on oral statement; procedure.
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In lieu of, or in addition to, written affidavit, a search warrant may be issued under section 29-814.04 pursuant to an oral statement given in person and under oath to a magistrate or judge. The oral statement shall be taken by means of a voice recording device in the custody of…
Neb. Rev. Stat. § 29-814.03 Search warrant; issuance on telephonic statement; procedure.
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A search warrant may be issued under section 29-814.05 pursuant to a telephonic statement made to a magistrate or judge in accordance with the procedures set forth in this section. Prior to telephonically contacting a magistrate or judge, the law enforcement officer requesting th…
Neb. Rev. Stat. § 29-814.04 Search warrant; issuance on written affidavit or oral statement; contents; restriction.
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If the magistrate or judge is satisfied that probable cause exists for the issuance of a search warrant, as a result of written affidavit or oral statement authorized pursuant to sections 29-814.01 and 29-814.02, the magistrate or judge shall issue the warrant which shall identif…
Neb. Rev. Stat. § 29-814.05 Search warrant; issuance on telephonic statement; duplicate original; contents; procedure.
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(1) If the magistrate or judge is satisfied that probable cause exists for the issuance of a search warrant, as the result of a telephonic statement taken under section 29-814.03, and if the magistrate or judge is further satisfied that sufficient reason exists to issue such warr…
Neb. Rev. Stat. § 29-814.06 Search warrant; issuance; original statement lost, destroyed, or unintelligible; effect.
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If the original of the oral or telephonic statement, taken pursuant to section 29-814.02 or 29-814.03, shall be lost, destroyed, or a critical portion thereof is unintelligible, a search warrant issued pursuant to such oral or telephonic statement shall be deemed to be invalid.
Neb. Rev. Stat. § 29-815 Search warrant; executed and returned; inventory required.
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(1) The warrant must be executed and returned within ten days after its date. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property or shall leave the cop…
Neb. Rev. Stat. § 29-816 Search warrant; return; inventory; filing; received in evidence; when.
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The judge or magistrate who has issued the search warrant shall attach to the warrant a copy of the return, inventory, and all other papers in connection therewith and shall file them with the clerk of the district court for the county in which the property was seized. Copy of su…
Neb. Rev. Stat. § 29-817 Search warrant; sections, how construed; property, defined; confidential issuance; violation; penalty.
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Sections 29-812 to 29-821 do not modify any act inconsistent with it relating to search warrants, their issuance, and the execution of search warrants and acts relating to disposition of seized property in circumstances for which special provision is made. The term property is us…
Neb. Rev. Stat. § 29-818 Seized property; custody.
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Except for animals as provided in section 28-1012.01, property seized under a search warrant or validly seized without a warrant shall be safely kept by the officer seizing the same, unless otherwise directed by the judge or magistrate, and shall be so kept so long as necessary f…
Neb. Rev. Stat. § 29-819 Seized property; transfer to another jurisdiction; when.
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Where seized property is no longer required as evidence in the prosecution of any complaint or information the court which has jurisdiction of such property may transfer the same to the jurisdiction of any other court, including courts of another state or federal courts, where it…
Neb. Rev. Stat. § 29-820 Seized property; disposition.
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(1) Unless other disposition is specifically provided by law, when property seized or held is no longer required as evidence, it shall be disposed of by the law enforcement agency on such showing as the law enforcement agency may deem adequate, as follows: (a) Property stolen, em…
Neb. Rev. Stat. § 29-821 Sections; supplemental to other laws.
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The provisions of sections 29-812 to 29-821 relating to the disposition of seized property shall not be exclusive, but shall be supplemental to other laws on the subject.
Neb. Rev. Stat. § 29-822 Motion to suppress; filing; time; failure to file; effect; exception.
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Any person aggrieved by an unlawful search and seizure may move for return of the property so seized and to suppress its use as evidence. The motion shall be filed in the district court where a felony is charged and may be made at any time after the information or indictment is f…
Neb. Rev. Stat. § 29-823 Motion to suppress; issues of fact; trial.
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Issues of fact arising on motions to suppress shall be tried by the court without a jury, in a summary manner, on affidavits or otherwise, as the court may direct. No evidence shall be suppressed because of technical irregularities not affecting the substantial rights of the accu…
Neb. Rev. Stat. § 29-824 Motion to suppress; appeal; review; appeal after conviction.
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(1) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion for the return of seized property and to suppress evidence in the manner provided in sections 29-824 to 29-826. (2) If such motion has been granted in district c…
Neb. Rev. Stat. § 29-825 Motion to suppress; appeal; application.
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The application for review provided in section 29-824 shall be accompanied by a copy of the order of the trial court granting the motion to suppress and a bill of exceptions containing all of the evidence, including affidavits, considered by the trial court in its ruling on the m…
Neb. Rev. Stat. § 29-826 Motion to suppress; appeal; time limit; order for custody.
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In making an order granting a motion to suppress and to return property, the trial court shall in such order fix a time, not exceeding ten days, in which the county attorney or other prosecuting attorney may file a notice with the clerk of such court of his or her intention to se…
Repealed. Laws 1998, LB 218, § 29.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-828 Search for weapons; when authorized.
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Where the circumstances reasonably indicate to an officer of the law that a search of an individual for weapons is indicated in order to protect the life of such officer such search for weapons may lawfully be made.
Neb. Rev. Stat. § 29-829 Stop and search of person for dangerous weapon; when authorized; peace officer, defined.
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A peace officer may stop any person in a public place whom he reasonably suspects of committing, who has committed, or who is about to commit a crime and may demand of him his name, address and an explanation of his actions. When a peace officer has stopped a person for questioni…
Neb. Rev. Stat. § 29-830 Inspection warrant, defined.
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An inspection warrant is an order in writing in the name of the people, signed by a judge of a court of record, directed to a peace officer as defined in section 29-831, and commanding him to conduct any inspection required or authorized by state or local law or regulation relati…
Neb. Rev. Stat. § 29-831 Peace officer, defined.
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As used in sections 29-830 to 29-835, unless the context otherwise requires: All state, county, city and village officers and their agents and employees, charged by statute or municipal ordinance with powers or duties involving inspection of real or personal property, building pr…
Neb. Rev. Stat. § 29-832 Inspection warrant; when issued.
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Inspection warrants shall be issued only upon showing that consent to entry for inspection purposes has been refused. In emergency situations neither consent nor a warrant shall be required.
Neb. Rev. Stat. § 29-833 Inspection warrant; issuance; procedure.
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An inspection warrant shall be issued only by a judge of a court of record upon reasonable cause, supported by affidavit describing the place and purpose of inspection. The judge may examine the applicant and other witnesses, on oath, to determine sufficient cause for inspection.
Neb. Rev. Stat. § 29-834 Inspection warrants; laws applicable.
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All general laws pertaining to search warrants, including but not limited to the filing costs involved and the conditions and time for return, shall be applicable to inspection warrants, unless in conflict with sections 29-830 to 29-833.
Neb. Rev. Stat. § 29-835 Violations; penalty.
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Any person who willfully refuses to permit, interferes with, or prevents any inspection authorized by inspection warrant shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 29-901 Bail; personal recognizance; appointment of counsel; conditions; pretrial release program; conditions.
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(1) Except as provided in subsection (2) of this section, any bailable defendant shall be ordered released from custody pending judgment on his or her personal recognizance unless the judge determines in the exercise of his or her discretion that such a release will not reasonabl…
Neb. Rev. Stat. § 29-901.01 Conditions of release; how determined.
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In determining which condition or conditions of release shall reasonably assure appearance and deter possible threats to the safety and maintenance of evidence or the safety of victims, witnesses, or other persons in the community, the judge shall, on the basis of available infor…
Neb. Rev. Stat. § 29-901.02 Release; order; contents.
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Any judge who shall authorize the release of a defendant under section 29-901 shall issue a written order containing a statement of the condition or conditions imposed, shall inform the defendant of the penalties for violating any of the conditions of such release, and shall advi…
Neb. Rev. Stat. § 29-901.03 Conditions of release; review; procedure.
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When a defendant first appears before a judge pursuant to section 29-901, he shall be advised of his right to obtain review of the conditions of release imposed if he is unable to fulfill such conditions and remains in custody for more than twenty-four hours thereafter. Any defen…
Neb. Rev. Stat. § 29-901.04 Conditions of release; amendment; review.
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Any judge who shall order the release of a defendant on any condition specified in section 29-901 may at any time amend his order to impose additional or different conditions of release, but if the imposition of different or additional conditions results in the detention of the d…
Neb. Rev. Stat. § 29-901.05 Bail; uniform schedule; how adopted; payment; procedure.
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(1) It shall be the duty of the judges of the county court in each county to prepare and adopt, by a majority vote, a schedule of bail for all misdemeanor offenses and such other offenses as the judges deem necessary. It shall contain a list of such offenses and the amounts of ba…
Neb. Rev. Stat. § 29-901.06 Bailable defendant; duty of court to inform of rights and duties.
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When a bailable defendant appears at any judicial proceeding in which such defendant's bail is being considered, the judge at such proceeding shall inform the defendant of the condition or conditions imposed on his release, the penalties for violating any of the conditions of suc…
Neb. Rev. Stat. § 29-902 Bail; proceeding for taking.
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For taking such bail, the judge may, by his special warrant under his hand and seal, require the sheriff or jailer to bring such accused before him at the courthouse of the proper county at such time as in such warrant the judge may direct.
Neb. Rev. Stat. § 29-902.01 Presiding judge of certain county courts; designate a judge on call; custodial officer; duties.
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(1) The presiding judge of the county court in each county having a population of four hundred thousand or more inhabitants as determined by the most recent federal decennial census shall, as often as is necessary, meet and designate on a schedule not less than one judge of the c…
Neb. Rev. Stat. § 29-903 Bail; amount; pretrial release agency; release recommendation; release without bond; when.
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In fixing the amount of bail, the judge admitting to the same shall be governed in the amount and quality of bail required by the direction of the district court in all cases where such court shall have made any order or direction in that behalf. In the event that the district co…
Neb. Rev. Stat. § 29-904 Recognizance; deposit with clerk; discharge of prisoner.
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In all cases when a judge or examining court shall recognize a prisoner under the provisions of the three sections 29-901, 29-902, and 29-903, he shall forthwith deposit with the clerk of the proper court the recognizance so taken, and also a warrant directed to the jailer requir…
Neb. Rev. Stat. § 29-905 Surrender of accused by surety to court; discharge of surety; new recognizance; conditions.
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When any person, who is surety in a recognizance for the appearance of any defendant before any court in this state, desires to surrender the defendant, he shall, by delivering the defendant in open court, be discharged from any further responsibility on such recognizance; and th…
Neb. Rev. Stat. § 29-906 Surrender of accused by surety to sheriff; authority.
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In all cases of bail for the appearance of any person or persons charged with any criminal offense, the surety or sureties of such person or persons may, at any time before judgment is rendered against him or them, seize and surrender such person or persons charged as aforesaid t…
Neb. Rev. Stat. § 29-907 Surrender of accused by surety to sheriff; duty of sheriff; discharge of surety.
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It shall be the duty of such sheriff, on such surrender and the delivery to him of a certified copy of the recognizance by which such surety or sureties are bound, to take such person or persons so charged as aforesaid into custody, and by writing acknowledge such surrender, and …
Neb. Rev. Stat. § 29-908 Bail, recognizance, or conditional release; failure to appear; penalties.
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Whoever is charged with a felony and is released from custody under bail, recognizance, or a conditioned release and willfully fails to appear before the court granting such release when legally required or to surrender himself within three days thereafter, shall be guilty of a C…
Neb. Rev. Stat. § 29-909 Pretrial release agency; authority to designate; recommendations; recognizance; when.
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The district courts of this state are authorized to designate an official pretrial release agency for a district, or for any county within a district, whenever the court is satisfied that such agency can render competent and effective assistance to the court in making its determi…