nebraska statutes 2016 reissue v2a · 2008, through the One Hundred Fourth Legislature, Second Session, 2016, of the Nebraska Legislature, in force at the time of publication hereof.

REVISED STATUTES OF

NEBRASKA

REISSUE OF VOLUME 2A

2016

COMPRISING ALL THE STATUTORY LAWS OF A GENERAL NATURE IN FORCE AT DATE OF

PUBLICATION ON THE SUBJECTS ASSIGNED TO CHAPTERS 29 TO 36, INCLUSIVE

Published by the Revisor of Statutes

COPYRIGHT, 2016

by

Joanne M. Pepperl Revisor of Statutes

For the benefit of the State of Nebraska

CERTIFICATE OF AUTHENTICATION

I, Joanne M. Pepperl, Revisor of Statutes, do hereby certify that the Reissue of Volume 2A of the Revised Statutes of Nebraska, 2016, contains all of the laws set forth in Chapters 29 to 36, appearing in Volume 2A, Revised Statutes of Nebraska, 2008, as amended and supplemented by the One Hundredth Legislature, First Special Session, 2008, through the One Hundred Fourth Legislature, Second Session, 2016, of the Nebraska Legislature, in force at the time of publication hereof.

Joanne M. PepperlRevisor of Statutes

Lincoln, Nebraska August 1, 2016

Recommended manner of

citation from

this volume

REISSUE REVISED STATUTES

OF NEBRASKA, 2016

(in full)

R.R.S.2016

(abbreviated)

EDITORIAL STAFF

Joanne M. Pepperl .................................................................... Revisor of Statutes Marcia M. McClurg ................................................... Assistant Revisor of Statutes Mary H. Fischer ........................................................ Associate Revisor of Statutes Neal P. Nelson .......................................................... Associate Revisor of Statutes Micah L. Uher .......................................................... Associate Revisor of Statutes Christine Abraham ............................................................... Senior Legal Counsel Mark A. Ludwig .............................................................................. Legal Counsel Andrew Conroy ................................................................................ Legal Counsel Jane Plettner-Nielson ................................................................. Statute Technician Brandi Thorn ............................................................. Assistant Statute Technician Marilee McPherson ................................................... Assistant Statute Technician Megan Rothluebber ................................................... Assistant Statute Technician Catlin Bates ............................................................... Assistant Statute Technician Gaylena Gibson ......................................................... Assistant Statute Technician Rhiannon Routsong .................................................... Assistant Statute Technician

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CRIMINAL PROCEDURE

CHAPTER 29CRIMINAL PROCEDURE

Article. 1. Definitions and General Rules of Procedure. 29-101 to 29-122. 2. Powers and Duties of Certain Officers. 29-201 to 29-216. 3. Procedure to Prevent Crimes and Offenses. Repealed. 4. Warrant and Arrest of Accused. 29-401 to 29-440. 5. Examination before Magistrate or Court. 29-501 to 29-513. 6. Minor Offenses; Trial. 29-601 to 29-623. 7. Extradition and Detainer.

(a) Uniform Criminal Extradition Act. 29-701 to 29-758.(b) Agreement on Detainers. 29-759 to 29-765.

8. Search and Seizure.(a) Search and Seizure. 29-801 to 29-817.(b) Disposition of Seized Property. 29-818 to 29-829.(c) Inspection Warrants. 29-830 to 29-835.

9. Bail. 29-901 to 29-910.10. Custody and Maintenance of Prisoners. 29-1001 to 29-1006.11. Proceedings upon Forfeiture of Recognizance. 29-1101 to 29-1110.12. Discharge from Custody or Recognizance. 29-1201 to 29-1209.13. Venue. 29-1301 to 29-1307.14. Grand Jury. 29-1401 to 29-1420.15. Indictments. 29-1501 to 29-1512.16. Prosecution on Information. 29-1601 to 29-1608.17. Arrest and Its Incidents after Indictment. 29-1701 to 29-1709.18. Motions and Issues on Indictment. 29-1801 to 29-1828.19. Preparation for Trial.

(a) Testimony in General. 29-1901 to 29-1905.(b) Witnesses Outside State. 29-1906 to 29-1911.(c) Discovery. 29-1912 to 29-1929.

20. Trial. 29-2001 to 29-2028.21. Motions for New Trial and Arrest of Judgment. 29-2101 to 29-2106.22. Judgment on Conviction.

(a) Judgment on Conviction. 29-2201 to 29-2220.(b) Habitual Criminals. 29-2221, 29-2222.(c) Probation. 29-2223 to 29-2276.(d) Community Service. 29-2277 to 29-2279.(e) Restitution. 29-2280 to 29-2289.(f) Human Immunodeficiency Virus Antibody or Antigen Test. 29-2290.(g) Domestic Violence Conviction. 29-2291.

23. Review of Judgments in Criminal Cases. 29-2301 to 29-2327.24. Execution of Sentences. 29-2401 to 29-2415.25. Special Procedure in Cases of Homicide. 29-2501 to 29-2546.26. Pardons and Paroles.

(a) Pardons and Paroles Act. 29-2601 to 29-2636. Repealed.(b) Uniform Act for Out-of-State Parolee Supervision. 29-2637, 29-2638.

Repealed.(c) Interstate Compact for Adult Offender Supervision. 29-2639, 29-2640.

27. Receipts and Disbursements of Money in Criminal Causes. 29-2701 to 29-2710.28. Habeas Corpus. 29-2801 to 29-2824.29. Convicted Sex Offender. 29-2901 to 29-2936.30. Postconviction Proceedings. 29-3001 to 29-3004.31. Rendition of Accused Persons. 29-3101 to 29-3106.32. Rendition of Prisoners as Witnesses. 29-3201 to 29-3210.33. Identifying Physical Characteristics. 29-3301 to 29-3307.

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CRIMINAL PROCEDURE

Article.34. Interstate Corrections Compact. 29-3401, 29-3402.35. Criminal History Information. 29-3501 to 29-3528.36. Pretrial Diversion. 29-3601 to 29-3609.37. Person Acquitted on Grounds of Insanity; Special Procedures. 29-3701 to 29-3706.38. Disposition of Untried Charges. 29-3801 to 29-3809.39. Public Defenders and Appointed Counsel.

(a) Indigent Defendants. 29-3901 to 29-3908.(b) Judicial District Public Defender. 29-3909 to 29-3918.(c) County Revenue Assistance Act. 29-3919 to 29-3933.

40. Sex Offenders.(a) Sex Offender Registration Act. 29-4001 to 29-4014.(b) Sexual Predator Residency Restriction Act. 29-4015 to 29-4017.(c) Dangerous Sex Offenders. 29-4018, 29-4019.

41. DNA Testing.(a) DNA Identification Information Act. 29-4101 to 29-4115.01.(b) DNA Testing Act. 29-4116 to 29-4125.(c) DNA Samples. 29-4126.

42. Audiovisual Court Appearances. 29-4201 to 29-4207.43. Sexual Assault and Domestic Violence. 29-4301 to 29-4306.44. Special Procedure in Cases of Abuse. 29-4401, 29-4402.45. Custodial Interrogations. 29-4501 to 29-4508.46. Nebraska Claims for Wrongful Conviction and Imprisonment Act. 29-4601 to

29-4608.

Cross References

Constitutional provisions:Board of Pardons, see Article IV, section 13, Constitution of Nebraska.Board of Parole, see Article IV, section 13, Constitution of Nebraska.Habeas corpus, see Article I, section 8, Constitution of Nebraska.Rights of accused:

Appear and defend, see Article I, section 11, Constitution of Nebraska.Bail, see Article I, section 9, Constitution of Nebraska.Capital cases, direct appeal to the Supreme Court, see Article I, section 23, Constitution of Nebraska.Compel attendance of witnesses, see Article I, section 11, Constitution of Nebraska.Copy of accusation, see Article I, section 11, Constitution of Nebraska.Double jeopardy, see Article I, section 12, Constitution of Nebraska.Impartial jury, see Article I, section 11, Constitution of Nebraska.Indictment or information, see Article I, section 10, Constitution of Nebraska.Punishment, not cruel or unusual, see Article I, section 9, Constitution of Nebraska.Right of appeal, felony cases, see Article I, section 23, Constitution of Nebraska.Self-incrimination, privilege against, see Article I, section 12, Constitution of Nebraska.Speedy public trial, see Article I, section 11, Constitution of Nebraska.Treason, requirements to convict, see Article I, section 14, Constitution of Nebraska.

Search and seizure, unreasonable, forbidden, see Article I, section 7, Constitution of Nebraska.Board of Pardons, see section 83-1,126.Board of Parole, see section 83-188.Contempt of court, prosecution, see section 25-2122.Penal and correctional institutions, see Chapter 83, article 4.

ARTICLE 1

DEFINITIONS AND GENERAL RULES OF PROCEDURE

Section29-101. Terms, usage.29-102. Repealed. Laws 1978, LB 748, § 61.29-103. Magistrate, defined.29-104. Prosecuting attorney, defined.29-105. Code; general and special provisions.29-106. Code and other law; construe according to plain import of language.29-107. Person or other general term, when protection of property intended;

meaning.29-108. Signature, how construed.29-109. Terms not defined, how construed; titles, treatment.

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DEFINITIONS AND GENERAL RULES OF PROCEDURE § 29-104

Section29-110. Prosecutions; complaint, indictment, or information; filing; time limitations;

exceptions.29-111. Fines and punishments; how enforced.29-112. Felon; disqualified as juror or officeholder; warrant of discharge; effect;

right to vote.29-112.01. Restoration of civil rights; felon; procedure.29-113. Felon of other states; disqualified as juror or officeholder; right to vote.29-114. Repealed. Laws 1971, LB 187, § 1.29-115. Suppression of statement by defendant; filing of motion; when made; failure

to object before trial; effect; exceptions; effect.29-116. Suppression of statement by defendant; order granting suppression; review;

procedure; appeal.29-117. Suppression of statement by defendant; application for review; filing; when.29-118. Suppression of statement by defendant; order granting suppression; review;

trial court; duties.29-119. Plea agreement; terms, defined.29-120. Plea agreement; prosecuting attorney; duties.29-121. Leaving child at a hospital; no prosecution for crime; hospital; duty.29-122. Criminal responsibility; intoxication; not a defense; exceptions.

29-101 Terms, usage.

Unless otherwise provided, words used in this code in the present tenseinclude the future as well as the present. Words used in the masculine gendercomprehend as well the feminine and neuter. The singular number includes theplural and the plural the singular. The term writing includes printing. The termoath includes an affirmation.

Source: G.S.1873, c. 58, § 246, p. 781; R.S.1913, § 8901; C.S.1922,§ 9922; C.S.1929, § 29-101; R.S.1943, § 29-101.

In construction of criminal code, singular number includesthe plural. Follmer v. State, 94 Neb. 217, 142 N.W. 908 (1913).

29-102 Repealed. Laws 1978, LB 748, § 61.

29-103 Magistrate, defined.

The term magistrate in this code, when not otherwise expressly stated, shallmean a judge of the county court or clerk magistrate.

Source: G.S.1873, c. 58, § 248, p. 782; R.S.1913, § 8903; C.S.1922,§ 9924; C.S.1929, § 29-103; R.S.1943, § 29-103; Laws 1972, LB1032, § 161; Laws 1984, LB 13, § 47; Laws 1986, LB 529, § 27.

District judge is not included. Binfield v. State, 15 Neb. 484,19 N.W. 607 (1884).

29-104 Prosecuting attorney, defined.

The term prosecuting attorney means any county attorney or city attorney orassistant city attorney when such attorney is prosecuting any violation designat-ed as a misdemeanor or traffic infraction.

Source: G.S.1873, c. 58, § 249, p. 782; R.S.1913, § 8904; C.S.1922,§ 9925; C.S.1929, § 29-104; R.S.1943, § 29-104; Laws 1975, LB168, § 1; Laws 1998, LB 218, § 8.

City prosecutor in a city of metropolitan class who is also adeputy county attorney is a ‘‘prosecuting attorney’’ within thissection. State v. Kolosseus, 198 Neb. 404, 253 N.W.2d 157(1977).

Assistant attorney general is agent of Attorney General, andofficial acts must be performed in name of his principal. Lowerv. State, 106 Neb. 666, 184 N.W. 174 (1921).

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CRIMINAL PROCEDURE§ 29-105

29-105 Code; general and special provisions.

In the construction of this code each general provision shall be controlled bya special provision on the same subject, if there is a conflict.


Penal statute applies only to persons clearly within its terms.State v. Dailey, 76 Neb. 770, 107 N.W. 1094 (1906).

29-106 Code and other law; construe according to plain import of language.

This code and every other law upon the subject of crime which may beenacted shall be construed according to the plain import of the language inwhich it is written, without regard to the distinction usually made between theconstruction of penal laws and laws upon other subjects, and no person shall bepunished for an offense which is not made penal by the plain import of thewords, upon pretense that he has offended against its spirit.


1. Construction2. Miscellaneous

1. Construction

Penal statutes are inelastic, must be strictly construed, andare never extended by implication. Macomber v. State, 137 Neb.882, 291 N.W. 674 (1940).

Railway car is a ‘‘building.’’ Hardin v. State, 92 Neb. 298, 138N.W. 146 (1912).

Where statute is adopted from another state, construction bycourts of that state is ordinarily followed. State v. Martin, 87Neb. 529, 127 N.W. 896 (1910).

There are no common law crimes in this state; common lawdefinitions may be resorted to only where statute designatescrimes in general terms. Kinnan v. State, 86 Neb. 234, 125 N.W.594 (1910).

Language, capable of two constructions, is not construed tomake an otherwise innocent act criminal. Gilbert v. State, 78Neb. 636, 112 N.W. 293 (1907).

In construing a statute, words should be given usual meaning.State v. Byrum, 60 Neb. 384, 83 N.W. 207 (1900).

Violation of the very letter of law is essential to convict. Baileyv. State, 57 Neb. 706, 78 N.W. 284 (1899).

Statute providing how penalty, previously created, may berecovered is not penal and need not be strictly construed. AlbionNat. Bank v. Montgomery, 54 Neb. 681, 74 N.W. 1102 (1898).

2. Miscellaneous

Where defendant requested instruction reciting statute, hecould not complain. Lovings v. State, 158 Neb. 134, 62 N.W.2d672 (1954).

Prosecution for violation of city ordinance is civil proceedingwhen offense is not made crime by statute. Peterson v. State, 79Neb. 132, 112 N.W. 306 (1907).

There can be no punishment for act not made penal by plainimport of statute. State v. De Wolfe, 67 Neb. 321, 93 N.W. 746(1903); Moore v. State, 53 Neb. 831, 74 N.W. 319 (1898).

‘‘Original code’’ refers to code of 1873. Richards v. State, 65Neb. 808, 91 N.W. 878 (1902).

Legislature intended to abolish hypertechnical rules of com-mon law. Burlingim v. State, 61 Neb. 276, 85 N.W. 76 (1901).

29-107 Person or other general term, when protection of property intended;meaning.

Whenever any property or interest is intended to be protected by a provisionof the penal law, and the general term person or any other general term is usedto designate the party whose property is intended to be protected, the provi-sions of such penal laws and the protection thereby given shall extend to theproperty of the state, or of any county, and of all public or private corporations.

Source: G.S.1873, c. 58, § 252, p. 782; R.S.1913, § 8907; C.S.1922,§ 9928; C.S. 1929, § 29-107; R.S.1943, § 29-107.

29-108 Signature, how construed.

The word signature includes the mark of a person unable to write his name; amark shall have the same effect as a signature when the name is written by

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some other person and the mark is made near thereto by the person unable towrite his name.


29-109 Terms not defined, how construed; titles, treatment.

Except where a word, term or phrase is specially defined, all words used inthis code are to be taken and construed in the sense in which they areunderstood in common language, taking into consideration the context andsubject matter relative to which they are employed. The titles merely, to thevarious chapters, articles, sections or clauses of this code, which are written orprinted upon the bill at the time of its approval, shall constitute no part thereof.


It is a simple rule of statutory construction that terms whichare not specifically defined are to be taken in the sense in whichthey are understood in common language. State v. Holman, 229Neb. 57, 424 N.W.2d 627 (1988).

Related context and subject matter must be considered inconstruing penal statute. State v. Neal, 187 Neb. 413, 191N.W.2d 458 (1971).

Terms must be taken and construed in the sense in which theyare understood in common language. Wirth v. Calhoun, 64 Neb.316, 89 N.W. 785 (1902).

29-110 Prosecutions; complaint, indictment, or information; filing; timelimitations; exceptions.

(1) Except as otherwise provided by law, no person shall be prosecuted forany felony unless the indictment is found by a grand jury within three yearsnext after the offense has been done or committed or unless a complaint for thesame is filed before the magistrate within three years next after the offense hasbeen done or committed and a warrant for the arrest of the defendant has beenissued.

(2) Except as otherwise provided by law, no person shall be prosecuted, tried,or punished for any misdemeanor or other indictable offense below the grade offelony or for any fine or forfeiture under any penal statute unless the suit,information, or indictment for such offense is instituted or found within oneyear and six months from the time of committing the offense or incurring thefine or forfeiture or within one year for any offense the punishment of which isrestricted by a fine not exceeding one hundred dollars and to imprisonment notexceeding three months.

(3) Except as otherwise provided by law, no person shall be prosecuted forkidnapping under section 28-313, false imprisonment under section 28-314 or28-315, child abuse under section 28-707, pandering under section 28-802,debauching a minor under section 28-805, or an offense under section 28-813,28-813.01, or 28-1463.03 when the victim is under sixteen years of age at thetime of the offense (a) unless the indictment for such offense is found by agrand jury within seven years next after the offense has been committed orwithin seven years next after the victim’s sixteenth birthday, whichever is later,or (b) unless a complaint for such offense is filed before the magistrate withinseven years next after the offense has been committed or within seven yearsnext after the victim’s sixteenth birthday, whichever is later, and a warrant forthe arrest of the defendant has been issued.

(4) No person shall be prosecuted for a violation of the Securities Act ofNebraska under section 8-1117 unless the indictment for such offense is found

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by a grand jury within five years next after the offense has been done orcommitted or unless a complaint for such offense is filed before the magistratewithin five years next after the offense has been done or committed and awarrant for the arrest of the defendant has been issued.

(5) No person shall be prosecuted for criminal impersonation under section28-638, identity theft under section 28-639, or identity fraud under section28-640 unless the indictment for such offense is found by a grand jury withinfive years next after the offense has been done or committed or unless acomplaint for such offense is filed before the magistrate within five years nextafter the offense has been done or committed and a warrant for the arrest of thedefendant has been issued.

(6) No person shall be prosecuted for a violation of section 68-1017 if theaggregate value of all funds and other benefits obtained or attempted to beobtained is five hundred dollars or more unless the indictment for such offenseis found by a grand jury within five years next after the offense has been doneor committed or unless a complaint for such offense is filed before themagistrate within five years next after the offense has been done or committedand a warrant for the arrest of the defendant has been issued.

(7) No person shall be prosecuted for knowing and intentional abuse, neglect,or exploitation of a vulnerable adult or senior adult under section 28-386 unlessthe indictment for such offense is found by a grand jury within six years nextafter the offense has been done or committed or unless a complaint for suchoffense is filed before the magistrate within six years next after the offense hasbeen done or committed and a warrant for the arrest of the defendant has beenissued.

(8) There shall not be any time limitations for prosecution or punishment fortreason, murder, arson, forgery, sexual assault in the first or second degreeunder section 28-319 or 28-320, sexual assault of a child in the second or thirddegree under section 28-320.01, incest under section 28-703, or sexual assaultof a child in the first degree under section 28-319.01; nor shall there be anytime limitations for prosecution or punishment for sexual assault in the thirddegree under section 28-320 when the victim is under sixteen years of age atthe time of the offense.

(9) The time limitations prescribed in this section shall include all inchoateoffenses pursuant to the Nebraska Criminal Code and compounding a felonypursuant to section 28-301.

(10) The time limitations prescribed in this section shall not extend to anyperson fleeing from justice.

(11) When any suit, information, or indictment for any crime or misdemean-or is limited by any statute to be brought or exhibited within any other timethan is limited by this section, then the suit, information, or indictment shall bebrought or exhibited within the time limited by such statute.

(12) If any suit, information, or indictment is quashed or the proceedings setaside or reversed on writ of error, the time during the pendency of such suit,information, or indictment so quashed, set aside, or reversed shall not bereckoned within this statute so as to bar any new suit, information, orindictment for the same offense.

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(13) The changes made to this section by Laws 2004, LB 943, shall apply tooffenses committed prior to April 16, 2004, for which the statute of limitationshas not expired as of such date and to offenses committed on or after such date.

(14) The changes made to this section by Laws 2005, LB 713, shall apply tooffenses committed prior to September 4, 2005, for which the statute oflimitations has not expired as of such date and to offenses committed on orafter such date.

(15) The changes made to this section by Laws 2009, LB 97, and Laws 2006,LB 1199, shall apply to offenses committed prior to May 21, 2009, for whichthe statute of limitations has not expired as of such date and to offensescommitted on or after such date.

(16) The changes made to this section by Laws 2010, LB809, shall apply tooffenses committed prior to July 15, 2010, for which the statute of limitationshas not expired as of such date and to offenses committed on or after such date.

(17) The changes made to this section by Laws 2016, LB934, shall apply tooffenses committed prior to April 19, 2016, for which the statute of limitationshas not expired as of such date and to offenses committed on or after such date.

Source: G.S.1873, c. 58, § 256, p. 783; R.S.1913, § 8910; C.S.1922,§ 9931; C.S.1929, § 29-110; R.S.1943, § 29-110; Laws 1965, c.147, § 1, p. 489; Laws 1989, LB 211, § 1; Laws 1990, LB 1246,§ 10; Laws 1993, LB 216, § 10; Laws 2004, LB 943, § 8; Laws2005, LB 713, § 2; Laws 2006, LB 1199, § 10; Laws 2009, LB97,§ 21; Laws 2009, LB155, § 17; Laws 2010, LB809, § 1; Laws2016, LB934, § 10.Effective date April 19, 2016.

Cross References

Nebraska Criminal Code, see section 28-101.Securities Act of Nebraska, see section 8-1123.

1. Limitation of action2. Fleeing from justice

1. Limitation of action

A complaint charging the defendant with second-offense driv-ing under the influence was ‘‘pending’’ for statute of limitationspurposes during the time period in which the State appealed tothe district court and to the Supreme Court the county court’sorder granting the defendant’s motion to quash. State v. Loyd,275 Neb. 205, 745 N.W.2d 338 (2008).

In order for the tolling provision under subsection (1) of thissection to apply, a subsequent indictment, information, or suitmust charge the ‘‘same offense’’ as the prior indictment, infor-mation, or suit. State v. Loyd, 275 Neb. 205, 745 N.W.2d 338(2008).

This section is inapplicable to evidence of prior bad acts. Statev. Nesbitt, 264 Neb. 612, 650 N.W.2d 766 (2002).

Pursuant to subsection (1) of this section, postconviction pro-ceedings fall within the ambit of the phrase ‘‘proceedings . . . onwrit of error’’. State v. Thieszen, 252 Neb. 208, 560 N.W.2d 800(1997).

Pursuant to subsection (1) of this section, the words ‘‘proceed-ings . . . set aside . . . on writ of error’’ mean proceedings setaside on appeal. State v. Thieszen, 252 Neb. 208, 560 N.W.2d800 (1997).

Chapter 29 applies only to criminal procedure, and therefore,the statute of limitations in this section has no application tocivil cases. LaBenz Trucking v. Snyder, 246 Neb. 468, 519N.W.2d 259 (1994).

Five-year period of limitations became effective August 25,1989; act became effective 3 months after Legislature adjournedin absence of emergency clause. State v. Hirsch, 245 Neb. 31,511 N.W.2d 69 (1994).

The 3-year statute of limitations generally applicable to felonyprosecutions does not apply to the crime of first degree murder.State v. White, 239 Neb. 554, 477 N.W.2d 24 (1991).

When in a prosecution for murder the statute of limitationsbars a conviction for manslaughter, the defendant is not entitledto an instruction for manslaughter as a lesser-included offenseof murder unless he or she elects to waive the defense of thestatute of limitations. State v. Keithley, 236 Neb. 631, 463N.W.2d 329 (1990).

Statute does not apply to cases involving termination of pa-rental rights, as they are not criminal in nature. In re Interest ofHollenbeck, 212 Neb. 253, 322 N.W.2d 635 (1982).

The provision for issuance of an arrest warrant, in this sec-tion, is not a condition precedent to a prosecution. State v.Eynon, 197 Neb. 734, 250 N.W.2d 658 (1977).

The filing of a felony complaint before a magistrate chargingembezzlement and the issuance of an arrest warrant withinthree years after date of offense tolls the statute of limitations.State v. Donoho, 190 Neb. 593, 210 N.W.2d 851 (1973).

A charge of failing to pay an installment of child supportwhich accrued more than three years earlier was subject todefense of statute of limitations. State v. Journey, 186 Neb. 556,184 N.W.2d 616 (1971).

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Criminal prosecution for violation of statute based on illegalinterest of city officer in contract with city must be broughtwithin time prescribed in this section. Arthur v. Trindel, 168Neb. 429, 96 N.W.2d 208 (1959).

Prosecution for violation of Blue Sky Law was barred bystatute of limitations. Jacox v. State, 154 Neb. 416, 48 N.W.2d390 (1951).

Three-year period of limitations does not apply to prosecu-tions for murder. Jackson v. Olson, 146 Neb. 885, 22 N.W.2d124 (1946).

With exception of certain crimes, prosecution is barred unlessbrought within time limited by this section, and pendency ofprosecution in another county does not toll statute. State ex rel.Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939).

Statute does not bar action for criminal contempt thoughcriminal prosecution for the same act would be barred. State exrel. Wright v. Barlow, 132 Neb. 166, 271 N.W. 282 (1937).

An information charging forgery in language of statutecharges a crime that is not barred by the three-year statute oflimitations. Flannigan v. State, 127 Neb. 640, 256 N.W. 321(1934).

Information charging embezzlement continuously over a peri-od commencing over three years previously was good as to partof period within three years of filing information, but convictionreversed because both information and verdict failed to showamount embezzled within statute of limitations. Hogoboom v.State, 120 Neb. 525, 234 N.W. 422, 79 A.L.R. 1171 (1931).

Indictment must be found, or information filed, within timefixed. Gragg v. State, 112 Neb. 732, 201 N.W. 338 (1924);Boughn v. State, 44 Neb. 889, 62 N.W. 1094 (1895).

Prosecution for rape must be commenced in three years, andassault and battery in one year. Kramer v. Weigand, 91 Neb. 47,135 N.W. 230 (1912).

Forgery falls within exception in section. State v. Leekins, 81Neb. 280, 115 N.W. 1080 (1908).

Prosecution for selling intoxicating liquors must be broughtwithin eighteen months. McArthur v. State, 60 Neb. 390, 83N.W. 196 (1900).

Arrest and preliminary examination arrest running of statuteonly if magistrate had jurisdiction. State v. Robertson, 55 Neb.41, 75 N.W. 37 (1898).

Crime of murder is regarded as committed at time fatal blowwas struck though death results on subsequent date. Debney v.State, 45 Neb. 856, 64 N.W. 446 (1895).

Acts of first degree sexual assault committed on or beforeAugust 24, 1986, were time barred on August 25, 1989, theeffective date of the 1989 amendment to this section and,therefore, were not subject to the extended statute of limitationsimplemented by the amendment. State v. Wiemer, 3 Neb. App.821, 533 N.W.2d 122 (1995).

While the Legislature has the power to enact retroactivechanges in a statute of limitations, it cannot remove a bar orlimitation which has already become complete. State v. Hirsch,1 Neb. App. 1120, 510 N.W.2d 534 (1993).

In habeas corpus proceeding where claim was made thatcourt lacked jurisdiction because prosecution was barred bystatute of limitations, adjudication in original prosecution thatpetitioner tolled statute by fleeing from justice is binding uponpetitioner and federal court. Taylor v. O’Grady, 113 F.2d 798(8th Cir. 1940).

2. Fleeing from justice

The phrase ‘‘fleeing from justice’’ means to leave one’s usualabode or to leave the jurisdiction where an offense has beencommitted, with intent to avoid detection, prosecution, or pun-ishment for some public offense. State v. Thomas, 236 Neb. 84,459 N.W.2d 204 (1990).

Fleeing from justice contemplates that the accused has de-parted from his usual place of residence to a place where hecannot be found in the exercise of reasonable diligence by theofficers. Emery v. State, 138 Neb. 776, 295 N.W. 417 (1940).

Fleeing from justice means a departure by a person from hisusual place of abode, or from the place where he has committedan offense, with intent to avoid detection and prosecution forsuch public offense. Taylor v. State, 138 Neb. 156, 292 N.W. 233(1940); Colling v. State, 116 Neb. 308, 217 N.W. 87 (1927).

29-111 Fines and punishments; how enforced.

All fines and punishments provided for in this code shall be enforced by theprocedure provided for in this code so far as such procedure extends or can bemade applicable.


29-112 Felon; disqualified as juror or officeholder; warrant of discharge;effect; right to vote.

Any person sentenced to be punished for any felony, when the sentence is notreversed or annulled, is incompetent to be a juror or to hold any office ofhonor, trust, or profit within this state, unless such person receives from theBoard of Pardons of this state a warrant of discharge, in which case suchperson shall be restored to such civil rights and privileges as enumerated orlimited by the Board of Pardons. The warrant of discharge shall not releasesuch person from the costs of conviction unless otherwise ordered by the Boardof Pardons.

Any person sentenced to be punished for any felony, when the sentence is notreversed or annulled, is not qualified to vote until two years after he or she has

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completed the sentence, including any parole term. The disqualification isautomatically removed at such time.

Source: G.S.1873, c. 58, § 258, p. 783; R.S.1913, § 8912; Laws 1919, c.56, § 1, p. 160; C.S.1922, § 9933; C.S.1929, § 29-112; R.S.1943,§ 29-112; Laws 1951, c. 86, § 1, p. 249; Laws 1959, c. 117, § 1,p. 448; Laws 2002, LB 1054, § 3; Laws 2005, LB 53, § 1.

Cross References

Constitutional provisions:Board of Pardons, see Article IV, section 13, Constitution of Nebraska.Disqualification from holding office, see Article XV, sections 1 and 2, Constitution of Nebraska.Disqualification from voting, see Article VI, section 2, Constitution of Nebraska.

Disqualification from voting, see section 32-313.Pardons and paroles, see sections 29-2246 et seq., 83-188 et seq., and 83-1,126 et seq.

The purpose of this section, as evident from its plain lan-guage, is to provide the mechanism by which a felon’s right tovote is restored. Ways v. Shively, 264 Neb. 250, 646 N.W.2d 621(2002).

Conviction does not deprive person of other or different civilrights than those specifically named. Bosteder v. Duling, 115Neb. 557, 213 N.W. 809 (1927).

Objection that juror is disqualified may be waived. Turley v.State, 74 Neb. 471, 104 N.W. 934 (1905).

Information requested on questionnaire sent to prospectivejurors was proper. Beatrice Foods Co. v. United States, 312F.2d 29 (8th Cir. 1963).

29-112.01 Restoration of civil rights; felon; procedure.

Any person sentenced to be punished for any felony, when the sentence isother than confinement in a Department of Correctional Services adult correc-tional facility, shall be restored to such civil rights as enumerated or limited bythe Board of Pardons upon receipt from the Board of Pardons of a warrant ofdischarge, which shall be issued by such board upon receiving from thesentencing court a certificate showing satisfaction of the judgment and sentenceentered against such person.

Source: Laws 1959, c. 117, § 2, p. 448; Laws 1993, LB 31, § 3; Laws2002, LB 1054, § 4.

Cross References

Pardons and paroles, see sections 29-2246 et seq., 83-188 et seq., and 83-1,126 et seq.Probation, completion of, see section 29-2264.

29-113 Felon of other states; disqualified as juror or officeholder; right tovote.

Any person who has been convicted of a felony under the laws of any otherstate shall be deemed incompetent to be a juror or to hold any office of honor,trust, or profit within this state unless such person has been restored to civilrights under the laws of the state in which the felony was committed.

Any person who has been convicted of a felony under the laws of any otherstate is not qualified to vote until two years after such person has completed hisor her sentence, including any parole term.

Source: G.S.1873, c. 58, § 259, p. 783; R.S.1913, § 8913; C.S.1922,§ 9934; C.S.1929, § 29-113; R.S.1943, § 29-113; Laws 1951, c.86, § 2, p. 249; Laws 1969, c. 236, § 1, p. 871; Laws 1993, LB31, § 4; Laws 2002, LB 1054, § 5; Laws 2005, LB 53, § 2.

29-114 Repealed. Laws 1971, LB 187, § 1.

29-115 Suppression of statement by defendant; filing of motion; when made;failure to object before trial; effect; exceptions; effect.

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Any person aggrieved by a statement taken from him or her which is not avoluntary statement, or any statement which he or she believes was taken fromhim or her in violation of the fifth or sixth amendments of the Constitution ofthe United States, may move for suppression of such statement for use asevidence against him or her. The suppression motion shall be filed in thedistrict court where a felony is charged and may be made at any time after theinformation or indictment is filed, and must be filed at least ten days beforetrial, unless otherwise permitted by the court for good cause shown. When thecharge is other than a felony, the motion shall be filed in the court where thecomplaint is pending, and must be filed at least ten days before trial or at thetime of the plea to the complaint, whichever is later, unless otherwise permittedby the court for good cause shown. Unless claims of a statement beinginvoluntary or taken in violation of the fifth or sixth amendments of theConstitution of the United States are raised by motion before trial as providedin this section, all objections to the use of such statements as evidence on thesegrounds shall be deemed waived, except that the court may entertain suchmotions to suppress after the commencement of trial when the defendant issurprised by the introduction of such statements by the state, and also the courtin its discretion may entertain motions to suppress such statements when thedefendant was not aware of the grounds for any such motion before thecommencement of trial, or in such situations as the court deems that justicemay require. In the event that the trial court entertains any such motion afterthe commencement of trial, the defendant shall be deemed to have waived anyjeopardy which may have attached. None of the foregoing shall affect the rightof the defendant to present the question of the voluntariness of the statement,or the question of whether the proper constitutional safeguards were given toany defendant either in custody or otherwise significantly deprived of his or herliberty, for the consideration of the fact finder at trial.

Source: Laws 1981, LB 411, § 1; Laws 1998, LB 218, § 9.Because this section commits the determination whether to

entertain a motion to suppress made after the commencementof trial to the discretion of the trial court, an appellate courtreviews such a determination for an abuse of discretion. State v.Harris, 263 Neb. 331, 640 N.W.2d 24 (2002).

The distinction between a motion to quash and a motion tosuppress is not mere form over substance. The filing of a motionto quash clearly notifies the State that the defendant’s challengeis to the propriety of the entire proceedings. In contrast to amotion to quash, a motion to suppress seeks to exclude certainevidence from being presented at trial. A motion to suppress,

with certain exceptions, must be made in writing. State v.Kanarick, 257 Neb. 358, 598 N.W.2d 430 (1999).

Where none of the exceptions stated in this statute are appli-cable, failure to file a motion to suppress as required under thissection constitutes a waiver to any objection to the statement.State v. Cronin, 227 Neb. 302, 417 N.W.2d 169 (1987).

This section requires that any objection as to the voluntarinessof a statement of a defendant in a criminal case be made as apretrial motion to suppress the statement, and failure to objectat this stage results in a waiver of the objection. State v. Warren,227 Neb. 160, 416 N.W.2d 249 (1987).

29-116 Suppression of statement by defendant; order granting suppression;review; procedure; appeal.

(1) In addition to any other rights of appeal, the state shall have the right toappeal from an order granting a motion for the suppression of statementsalleged to be involuntary or in violation of the fifth or sixth amendments of theConstitution of the United States in the manner provided in this section.

(2) If such motion has been granted in the district court, the Attorney Generalor the county attorney or prosecuting attorney with the consent of the AttorneyGeneral may file his or her application with the Clerk of the Supreme Courtasking for a summary review of the order granting the motion. The review shallbe made by a judge of the Court of Appeals at chambers upon such notice,briefs, and argument as the judge directs, after which such judge shall enter his

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or her order affirming, reversing, or modifying the order submitted for review,and upon any trial on the general issue thereafter, the parties and the trialcourt shall be bound by such order. Upon conviction after trial the defendantmay on appeal challenge the correctness of the order by the judge.

(3) If such motion has been granted in the county court, the Attorney Generalor the county attorney or prosecuting attorney may file his or her applicationwith the clerk of the district court in the district in which the motion has beengranted asking for a summary review of the order granting the motion. Thereview shall be made by a judge of the district court upon such notice, briefs,and arguments as the judge directs, after which such judge shall enter his orher order affirming, reversing, or modifying the order submitted for review,and upon any trial on the general issue thereafter the parties and the trial courtshall be bound by such order. Upon conviction after trial the defendant may onappeal challenge the correctness of the order by the judge.

Source: Laws 1981, LB 411, § 2; Laws 1991, LB 732, § 71; Laws 1992,LB 360, § 7; Laws 1998, LB 218, § 10.

A defendant’s successful motion in the district court to sup-press evidence is not finally granted or determined, unless thereis no appeal, until a judge of the Court of Appeals has decidedthe matter under this section. The time from the defendant’sfiling of such motion until final determination is excluded in thespeedy trial calculation. State v. Hayes, 10 Neb. App. 833, 639N.W.2d 418 (2002).

A trial court may, in its good judgment, correct its pretrialruling on a motion to suppress statements, even though such acorrection results in denial of the State’s opportunity to appealthe decision to suppress the evidence. State v. Vaida, 1 Neb.App. 768, 510 N.W.2d 389 (1993).

29-117 Suppression of statement by defendant; application for review; filing;when.

The application for review provided in section 29-116 shall be accompaniedby a copy of the order of the trial court granting the motion to suppress and abill of exceptions containing all of the evidence, including affidavits, consideredby the trial court in its ruling on the motion, and so certified by the trial court.The application shall be filed with the Clerk of the Supreme Court, if the trialcourt is the district court, or with the clerk of the district court, if the trial courtis the county court, within such time as may be ordered by the trial court,which in fixing such time shall take into consideration the length of timerequired to prepare the bill of exceptions, and shall also consider whether thedefendant is in jail or whether he or she is on bail, but in no event shall morethan thirty days be given in which to file such application.

Source: Laws 1981, LB 411, § 3; Laws 1998, LB 218, § 11; Laws 2000,LB 921, § 30.

29-118 Suppression of statement by defendant; order granting suppression;review; trial court; duties.

In making an order granting a motion to suppress a statement, the trial courtshall in such order fix a time, not exceeding ten days, in which the countyattorney or other prosecuting attorney may file a notice with the clerk of suchcourt of his or her intention to seek a review of the order. Upon the filing ofsuch notice, the trial court shall fix a time in which the application for reviewshall be filed with the clerk of the appellate court.

Source: Laws 1981, LB 411, § 4; Laws 1998, LB 218, § 12.

29-119 Plea agreement; terms, defined.

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For purposes of this section and sections 23-1201, 29-120, and 29-2261,unless the context otherwise requires:

(1) A plea agreement means that as a result of a discussion between thedefense counsel and the prosecuting attorney:

(a) A charge is to be dismissed or reduced; or

(b) A defendant, if he or she pleads guilty to a charge, may receive less thanthe maximum penalty permitted by law; and

(2)(a) Victim means a person who, as a result of a homicide under sections28-302 to 28-306, a first degree sexual assault under section 28-319, a firstdegree assault under section 28-308, a sexual assault of a child in the second orthird degree under section 28-320.01, a sexual assault of a child in the firstdegree under section 28-319.01, a second degree assault under section 28-309,a first degree false imprisonment under section 28-314, a second degree sexualassault under section 28-320, or a robbery under section 28-324, has had apersonal confrontation with the offender and also includes a person who hassuffered serious bodily injury as defined in section 28-109 as a result of a motorvehicle accident when the driver was charged with a violation of section60-6,196 or 60-6,197 or with a violation of a city or village ordinance enactedin conformance with either section.

(b) In the case of a homicide, victim means the nearest surviving relativeunder the law as provided by section 30-2303 but does not include the allegedperpetrator of the homicide.

(c) In the case of a violation of section 28-813.01, 28-1463.03, 28-1463.04, or28-1463.05, victim means a person who was a child as defined in section28-1463.02 and a participant or portrayed observer in the visual depiction ofsexually explicit conduct which is the subject of the violation and who has beenidentified and can be reasonably notified.

(d) In the case of a sexual assault of a child, a possession offense of a visualdepiction of sexually explicit conduct, or a distribution offense of a visualdepiction of sexually explicit conduct, victim means the child victim and theparents, guardians, or duly appointed legal representative of the child victimbut does not include the alleged perpetrator of the crime.

Source: Laws 1983, LB 78, § 1; Laws 1990, LB 87, § 2; Laws 1993, LB370, § 10; Laws 1998, LB 309, § 2; Laws 2004, LB 270, § 3;Laws 2006, LB 1199, § 11; Laws 2010, LB728, § 8.

29-120 Plea agreement; prosecuting attorney; duties.

Prior to reaching a plea agreement with defense counsel, a prosecutingattorney, prosecuting a violation of a city or village ordinance enacted inconformance with section 60-6,196 or 60-6,197, shall consult with or make agood faith effort to consult with the victim regarding the content of and reasonsfor such plea agreement.


29-121 Leaving child at a hospital; no prosecution for crime; hospital; duty.

No person shall be prosecuted for any crime based solely upon the act ofleaving a child thirty days old or younger in the custody of an employee on duty

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POWERS AND DUTIES OF CERTAIN OFFICERS § 29-201

at a hospital licensed by the State of Nebraska. The hospital shall promptlycontact appropriate authorities to take custody of the child.

Source: Laws 2008, LB157, § 1; Laws 2008, First Spec. Sess., LB1, § 1.

29-122 Criminal responsibility; intoxication; not a defense; exceptions.

A person who is intoxicated is criminally responsible for his or her conduct.Intoxication is not a defense to any criminal offense and shall not be taken intoconsideration in determining the existence of a mental state that is an elementof the criminal offense unless the defendant proves, by clear and convincingevidence, that he or she did not (1) know that it was an intoxicating substancewhen he or she ingested, inhaled, injected, or absorbed the substance causingthe intoxication or (2) ingest, inhale, inject, or absorb the intoxicating substancevoluntarily.

Source: Laws 2011, LB100, § 1.

ARTICLE 2

POWERS AND DUTIES OF CERTAIN OFFICERS

Section29-201. County judges as magistrates; jurisdiction.29-202. Repealed. Laws 1972, LB 1032, § 287.29-203. District judges and county judges; conservators of the peace; jurisdiction.29-204. Repealed. Laws 1988, LB 1030, § 53.29-205. Fugitive; apprehension and arrest.29-206. Repealed. Laws 1972, LB 1032, § 287.29-207. Repealed. Laws 1972, LB 1032, § 287.29-208. Criminal identification; agents; power of Governor to appoint.29-209. Criminal identification; fingerprints and descriptions; duties of law

enforcement officers and agencies.29-210. Criminal identification and information; Nebraska State Patrol; duties.29-211. Motor vehicle pursuit; law enforcement agency; adopt policy; contents;

training.29-212. Missing Persons Information Clearinghouse; terms, defined.29-213. Missing Persons Information Clearinghouse; missing person report; law

enforcement agency; duties.29-214. Missing Persons Information Clearinghouse; missing person report;

unemancipated minor; law enforcement agency; duties.29-214.01. Missing Persons Information Clearinghouse; Nebraska State Patrol; powers

and duties.29-215. Law enforcement officers; jurisdiction; powers; contracts authorized.29-216. Victim of sex offense; law enforcement officer, prosecuting officer, or

government official; prohibited acts.

29-201 County judges as magistrates; jurisdiction.All county judges in this state shall have the same and equal powers of

jurisdiction in all matters relating to the enforcement of the criminal laws ofthe state, except as otherwise expressly provided, and the jurisdiction of allsuch officers as magistrates, for the discharge of the duties and for the exerciseof the powers enjoined and conferred by this code, shall extend to all crimesand offenses punishable by the laws of this state, committed within theirrespective jurisdictions, and for the prevention of crimes and offenses as in thiscode provided, throughout their respective counties.

Source: G.S.1873, c. 58, § 260, p. 784; R.S.1913, § 8914; C.S.1922,§ 9935; C.S.1929, § 29-201; R.S.1943, § 29-201; Laws 1972, LB1032, § 162.

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29-202 Repealed. Laws 1972, LB 1032, § 287.

29-203 District judges and county judges; conservators of the peace; jurisdic-tion.

The judges of the district courts in their respective districts, and the magis-trates mentioned in section 29-201 in their respective counties, shall jointly andseverally be conservators of the peace within their respective jurisdictions, andshall have full power to enforce or cause to be enforced all laws that now existor that shall hereafter be made for the prevention and punishment of offenses,or for the preservation and observance of the peace. Judges of the districtcourts shall have the same powers to require securities for the keeping of thepeace and good behavior, and bail for appearance in courts to answer com-plaints to keep the peace, and for crimes and offenses committed in theirrespective districts as any of the magistrates aforesaid have in their respectivecounties.


District judges have all of the required jurisdiction of magis-trates. Otte v. State, 172 Neb. 110, 108 N.W.2d 737 (1961).

District judge may hold preliminary hearing. Callies v. State,157 Neb. 640, 61 N.W.2d 370 (1953).

District judge may sit as examining magistrate. Cohoe v.State, 79 Neb. 811, 113 N.W. 532 (1907); State v. Dennison, 60Neb. 192, 82 N.W. 628 (1900).

Preliminary hearing is in no sense a trial. Van Buren v. State,65 Neb. 223, 91 N.W. 201 (1902).

29-204 Repealed. Laws 1988, LB 1030, § 53.

29-205 Fugitive; apprehension and arrest.

If any person or persons who may be charged with the commission of acrime or offense made punishable by the laws of this state shall abscond orremove from the county in which such crime or offense is charged to have beencommitted, it shall be lawful for any sheriff or other person to apprehend theperson or persons so charged, remove him, her, or them to the county in whichthe alleged crime may be said to have been committed, and deliver such personor persons to any magistrate in such county, who shall cause the person orpersons so delivered to be dealt with as the law may direct.

Source: G.S.1873, c. 58, § 264, p. 785; R.S.1913, § 8918; C.S.1922,§ 9939; C.S.1929, § 29-205; R.S.1943, § 29-205; Laws 1988, LB1030, § 22.

It is mandatory duty of sheriff, where warrant is placed in hishands issued in another county, to apprehend the accused andremove him to the county where the crime is charged. State exrel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939).

A law enforcement officer investigating a crime has the au-thority to detain a suspect with an outstanding arrest warrantoutside the law enforcement officer’s primary jurisdiction. Statev. Hill, 12 Neb. App. 492, 677 N.W.2d 525 (2004).

29-206 Repealed. Laws 1972, LB 1032, § 287.

29-207 Repealed. Laws 1972, LB 1032, § 287.

29-208 Criminal identification; agents; power of Governor to appoint.

The Governor is hereby authorized to appoint such agents as may benecessary for carrying out the provisions of sections 29-208 to 29-210.

Source: Laws 1921, c. 207, § 1, p. 739; C.S.1922, § 9942; C.S.1929,§ 29-208; R.S.1943, § 29-208.

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29-209 Criminal identification; fingerprints and descriptions; duties of lawenforcement officers and agencies.

It is hereby made the duty of the sheriffs of the several counties of the Stateof Nebraska, the chiefs of police of incorporated cities therein, marshals ofincorporated cities and towns therein, and agencies of state government havingpowers of arrest to furnish the Nebraska State Patrol two copies of fingerprintson forms provided by the Nebraska State Patrol and the Federal Bureau ofInvestigation, and descriptions of all persons who are arrested by them (1) forany felony or (2) as felony fugitives from the criminal justice system of anotherjurisdiction. This section is not intended to include violators of city ordinancesor of persons arrested for other trifling offenses. The Nebraska State Patrolshall in all appropriate cases forward one copy of such fingerprints and othernecessary identifying data and information to the system maintained by theFederal Bureau of Investigation.

Source: Laws 1921, c. 207, § 2, p. 739; C.S.1922, § 9943; C.S.1929,§ 29-209; R.S.1943, § 29-209; Laws 1978, LB 713, § 16.

Cross References

Security, Privacy, and Dissemination of Criminal History Information Act, see section 29-3501.

29-210 Criminal identification and information; Nebraska State Patrol;duties.

The Nebraska State Patrol is hereby authorized (1) to keep a complete recordof all reports filed of all personal property stolen, lost, found, pledged orpawned, in any city or county of this state; (2) to provide for the installation of aproper system and file, and cause to be filed therein cards containing an outlineof the methods of operation employed by criminals; (3) to use any system ofidentification it deems advisable, or that may be adopted in any of the penalinstitutions of the state; (4) to keep a record consisting of duplicates ofmeasurements, processes, operations, plates, photographs, measurements anddescriptions of all persons confined in penal institutions of this state; (5) toprocure and maintain, so far as practicable, plates, photographs, descriptionsand information concerning all persons who shall hereafter be convicted offelony or imprisoned for violating the military, naval or criminal laws of theUnited States, and of well-known and habitual criminals from whatever sourceprocurable; (6) to furnish any criminal justice agency with any information,material, records, or means of identification which may properly be disseminat-ed and that it may desire in the proper administration of criminal justice; (7) toupgrade, when feasible, the existing law enforcement communications network;and (8) to establish and maintain an improved system or systems by whichrelevant information may be collected, coordinated, and made readily availableto serve qualified persons or agencies concerned with the administration ofcriminal justice.

Source: Laws 1921, c. 207, § 3, p. 739; C.S.1922, § 9944; C.S.1929,§ 29-210; R.S.1943, § 29-210; Laws 1978, LB 713, § 17.

Cross References

Security, Privacy, and Dissemination of Criminal History Information Act, see section 29-3501.

29-211 Motor vehicle pursuit; law enforcement agency; adopt policy; con-tents; training.

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(1) Each law enforcement agency within the State of Nebraska shall adoptand implement a written policy regarding the pursuit of motor vehicles. Suchpolicy shall contain at least the following elements:

(a) Standards which describe when a pursuit may be initiated, taking intoconsideration the nature and severity of the offense involved;

(b) Standards which describe when a pursuit is to be discontinued, givingspecial attention to (i) the degree of danger presented to the general public andthe pursuing officer and (ii) the probability of later apprehension of the subjectbased upon his or her identification;

(c) Procedures governing the operation of pursuits including, but not limitedto, the number and types of vehicles which may be used, the method ofoperation of such vehicles, and the exercise of supervision during pursuits;

(d) Procedures governing pursuits which include other law enforcementagencies or which extend into the jurisdiction of other law enforcementagencies; and

(e) A system of mandatory continued planning and review of training ofpersonnel appropriate and consistent with the policies and jurisdiction of thelaw enforcement agency regarding the proper handling of pursuits, including,at a minimum, an annual review of the policy with each sworn law enforce-ment officer and dispatcher.

(2) It shall be the responsibility of each law enforcement agency within theState of Nebraska to ensure that all law enforcement officers who commenceemployment with such law enforcement agency receive specialized training inpursuit driving at the Nebraska Law Enforcement Training Center or at anequivalent training program approved by the Nebraska Police Standards Advi-sory Council.


Cross References

Apprehension of persons, see section 29-215.Liability for damages to third parties, see sections 13-911 and 81-8,215.01.Nebraska Rules of the Road, emergency vehicle privileges, see section 60-6,114.Uniform Act on Fresh Pursuit, see section 29-421.

29-212 Missing Persons Information Clearinghouse; terms, defined.

For purposes of sections 29-212 to 29-214.01, unless the context otherwiserequires:

(1) Missing person means a person who has been reported as missing to alaw enforcement agency; and

(2) Missing Persons Information Clearinghouse means the repository estab-lished within the Nebraska State Patrol pursuant to section 29-214.01.


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 enforcementagency having jurisdiction, the agency shall notify:

(1) On-duty personnel of the agency, as soon as practicable, through internalmeans and over the appropriate police radio network;

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POWERS AND DUTIES OF CERTAIN OFFICERS § 29-214.01

(2) All law enforcement agencies considered to be involved by the lawenforcement agency having jurisdiction;

(3) All law enforcement agencies to which the person filing the reportrequests that the information be sent, if the request is reasonable in light of theinformation contained in the report;

(4) All law enforcement agencies requesting the information; and(5) The Missing Persons Information Clearinghouse.


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 lawenforcement agency shall immediately transmit the proper information forinclusion in the National Crime Information Center computer and the MissingPersons Information Clearinghouse.

(2) If a report of a missing person involves an unemancipated minor, a lawenforcement agency shall not prevent an immediate active investigation on thebasis of an agency rule which specifies an automatic time limitation for amissing person investigation.


Cross References

Missing Children Identification Act, see section 43-2001 et seq.

29-214.01 Missing Persons Information Clearinghouse; Nebraska State Pa-trol; powers and duties.

(1) The Missing Persons Information Clearinghouse is established within theNebraska State Patrol. The Nebraska State Patrol shall provide for the adminis-tration of the clearinghouse and may adopt and promulgate rules and regula-tions to carry out the provisions of this section.

(2) The Missing Persons Information Clearinghouse shall be used by all lawenforcement agencies in the state as a central repository for information onmissing persons. Such information shall be provided on a uniform formprescribed by the Nebraska State Patrol.

(3) In connection with the Missing Persons Information Clearinghouse, theNebraska State Patrol shall:

(a) Collect, process, maintain, and disseminate information about missingpersons in Nebraska through hard copy or electronic means;

(b) Develop training programs for law enforcement agencies concerning theappropriate procedures to report missing persons to the clearinghouse;

(c) Cooperate with other states and the National Crime Information Center inthe exchange of information on missing persons;

(d) Maintain a statewide, toll-free telephone line, twenty-four hours a day, toreceive and disseminate information related to missing persons;

(e) Maintain an Internet web site accessible to law enforcement agencies andto the public with information on missing persons and with information aboutthe resources available through the clearinghouse. Nothing in this section shallprevent the Nebraska State Patrol from establishing a separate link accessible

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CRIMINAL PROCEDURE§ 29-214.01

only to law enforcement agencies for the dissemination and collection ofsensitive information as determined by the Nebraska State Patrol;

(f) Develop training programs to assist in the prevention of kidnapping;

(g) Maintain a registry of prevention and education materials and programsregarding missing and runaway minors through hard copy or electronic means;

(h) Distribute through hard copy or electronic means monthly missingpersons bulletins to local law enforcement agencies and to other interestedindividuals, agencies, and media outlets which request such information. Thebulletins shall contain information on missing persons in Nebraska, includingnames, photographs or other images, if available, descriptions of missingpersons, the law enforcement agencies or persons to contact with informationregarding missing persons, and the names of persons reported missing whoselocations have been determined and confirmed;

(i) Produce, update at least weekly, and distribute, through hard copy orelectronic means, press releases about missing persons to media outlets whichrequest missing person information, containing the same or similar informationcontained in the monthly missing persons bulletin;

(j) Compile statistics relating to the incidence of missing persons withinNebraska; and

(k) Encourage and seek both financial and in-kind support from privateindividuals and organizations to assist in carrying out the provisions of thissection.

(4) The purpose of the Missing Persons Information Clearinghouse is to serveas a repository. The clearinghouse does not relieve the law enforcement agencyhaving jurisdiction over a missing person case of its investigatory duties anddoes not automatically involve the Nebraska State Patrol as the primaryinvestigatory agency in such case.

(5) The Missing Persons Information Clearinghouse shall be notified after thelocation of a missing person has been determined and confirmed. After thelocation of a missing person has been determined and confirmed, the clearing-house shall only release information described in subdivision (3)(h) of thissection concerning the located person. Other information concerning the histo-ry of the missing person case shall be disclosed only to law enforcementagencies of this state and other jurisdictions when necessary for the dischargeof official duties, and to the juvenile court in the county of residence of aformerly missing person who is a minor. All information in the clearinghouserelating to a missing person who is an adult shall be purged when the person’slocation has been determined and confirmed. All information in the clearing-house relating to a missing person who is a minor shall be purged when theperson reaches eighteen years of age and the person’s location has beendetermined and confirmed.

Source: Laws 2005, LB 111, § 4.

29-215 Law enforcement officers; jurisdiction; powers; contracts authorized.

(1) A law enforcement officer has the power and authority to enforce the lawsof this state and of the political subdivision which employs the law enforcementofficer or otherwise perform the functions of that office anywhere within his orher primary jurisdiction.

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(2) Any law enforcement officer who is within this state, but beyond his orher primary jurisdiction, has the power and authority to enforce the laws of thisstate or any legal ordinance of any city or incorporated village or otherwiseperform the functions of his or her office, including the authority to arrest anddetain suspects, as if enforcing the laws or performing the functions within hisor her primary jurisdiction in the following cases:

(a) Any such law enforcement officer, if in a fresh attempt to apprehend aperson suspected of committing a felony, may follow such person into any otherjurisdiction in this state and there arrest and detain such person and returnsuch person to the law enforcement officer’s primary jurisdiction;

(b) Any such law enforcement officer, if in a fresh attempt to apprehend aperson suspected of committing a misdemeanor or a traffic infraction, mayfollow such person anywhere in an area within twenty-five miles of theboundaries of the law enforcement officer’s primary jurisdiction and therearrest and detain such person and return such person to the law enforcementofficer’s primary jurisdiction;

(c) Any such law enforcement officer shall have such enforcement and arrestand detention authority when responding to a call in which a local, state, orfederal law enforcement officer is in need of assistance. A law enforcementofficer in need of assistance shall mean (i) a law enforcement officer whose lifeis in danger or (ii) a law enforcement officer who needs assistance in makingan arrest and the suspect (A) will not be apprehended unless immediatelyarrested, (B) may cause injury to himself or herself or others or damage toproperty unless immediately arrested, or (C) may destroy or conceal evidence ofthe commission of a crime; and

(d) Any municipality or county may, under the provisions of the InterlocalCooperation Act or the Joint Public Agency Act, enter into a contract with anyother municipality or county for law enforcement services or joint law enforce-ment services. Under such an agreement, law enforcement personnel may havesuch enforcement authority within the jurisdiction of each of the participatingpolitical subdivisions if provided for in the agreement. Unless otherwise provid-ed in the agreement, each participating political subdivision shall provideliability insurance coverage for its own law enforcement personnel as providedin section 13-1802.

(3) When probable cause exists to believe that a person is operating or in theactual physical control of any motor vehicle, motorboat, personal watercraft, oraircraft while under the influence of alcoholic liquor or of any drug orotherwise in violation of section 28-1465, 28-1466, 28-1472, 37-1254.01,37-1254.02, 60-4,163, 60-4,164, 60-6,196, 60-6,197, 60-6,211.01, or60-6,211.02, the law enforcement officer has the power and authority to do anyof the following or any combination thereof:

(a) Transport such person to a facility outside of the law enforcement officer’sprimary jurisdiction for appropriate chemical testing of the person;

(b) Administer outside of the law enforcement officer’s primary jurisdictionany post-arrest test advisement to the person; or

(c) With respect to such person, perform other procedures or functionsoutside of the law enforcement officer’s primary jurisdiction which are directlyand solely related to enforcing the laws that concern a person operating orbeing in the actual physical control of any motor vehicle, motorboat, personalwatercraft, or aircraft while under the influence of alcoholic liquor or of any

20Reissue 2016


other drug or otherwise in violation of section 28-1465, 28-1466, 28-1472,37-1254.01, 37-1254.02, 60-4,163, 60-4,164, 60-6,196, 60-6,197, 60-6,211.01, or60-6,211.02.

(4) For purposes of this section:

(a) Law enforcement officer has the same meaning as peace officer as definedin section 49-801 and also includes conservation officers of the Game and ParksCommission; and

(b) Primary jurisdiction means the geographic area within the territoriallimits of the state or political subdivision which employs the law enforcementofficer.

Source: Laws 1994, LB 254, § 1; Laws 1999, LB 87, § 68; Laws 2003, LB17, § 9; Laws 2011, LB667, § 5.

Cross References

Interlocal Cooperation Act, see section 13-801.Joint Public Agency Act, see section 13-2501.Motor vehicle pursuit, see section 29-211.Uniform Act on Fresh Pursuit, see section 29-421.

Subsection (2)(c)(ii)(C) of this section does not require that anofficer requesting assistance tell the responding officer that heor she fears evidence will be lost; it asks whether the suspectmay destroy or conceal evidence of the commission of a crimeand whether an officer needs assistance in making an arrest.State v. Voichahoske, 271 Neb. 64, 709 N.W.2d 659 (2006).

This section does give certain extrajurisdictional arrest pow-ers to certain law enforcement officers. This section only applies

to Nebraska law enforcement officers and does not apply to lawenforcement officers who cross state lines. This section does notauthorize an out-of-state police officer to arrest a suspect formisdemeanor driving under the influence outside the officer’sgeographical jurisdiction. State v. Cuny, 257 Neb. 168, 595N.W.2d 899 (1999).

29-216 Victim of sex offense; law enforcement officer, prosecuting officer, orgovernment official; prohibited acts.

(1) No law enforcement officer, prosecuting officer, or other governmentofficial shall ask or require an adult, youth, or child victim of a sex offense asdefined under federal, tribal, state, territorial, or local law to submit to apolygraph examination or other truth-telling device as a condition for proceed-ing with the investigation of such offense.

(2) The refusal of a victim to submit to an examination as described insubsection (1) of this section shall not prevent the investigation of the offense.

Source: Laws 2007, LB143, § 1.

ARTICLE 3

PROCEDURE TO PREVENT CRIMES AND OFFENSES

Section29-301. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-302. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-302.01. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-302.02. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-302.03. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-303. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-304. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-305. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-306. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-307. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-308. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-309. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-310. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-311. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.

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PROCEDURE TO PREVENT CRIMES AND OFFENSES § 29-316

Section29-312. Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.29-313. Repealed. Laws 1972, LB 1333, § 1.29-314. Repealed. Laws 1972, LB 1333, § 1.29-315. Repealed. Laws 1972, LB 1333, § 1.29-316. Repealed. Laws 1972, LB 1333, § 1.

29-301 Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.


29-302.01 Repealed. Laws 1986, LB 529, § 58; Laws 1986, LB 1159, § 1.













29-313 Repealed. Laws 1972, LB 1333, § 1.

29-314 Repealed. Laws 1972, LB 1333, § 1.

29-315 Repealed. Laws 1972, LB 1333, § 1.

29-316 Repealed. Laws 1972, LB 1333, § 1.

ARTICLE 4

WARRANT AND ARREST OF ACCUSED

Cross References

Constitutional provisions:Search and seizure, see Article I, section 7, Constitution of Nebraska.

Exemption of member of State Guard from arrest, see section 55-167.Fugitives, apprehension and arrest, see section 29-205.

Section29-401. Law violators; arrest by sheriff or other peace officer; juvenile under

eighteen years; requirements.29-402. Arrest by person not an officer.29-402.01. Shoplifters; detention; no criminal or civil liability.29-402.02. Shoplifters; peace officer; arrest without warrant.29-402.03. Shoplifters; arrest; merchant or employee not liable.

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Section29-403. Warrant; who may issue.29-404. Complaint; filing; procedure; warrant; issuance.29-404.01. Arrest without warrant; supplemental provisions.29-404.02. Arrest without warrant; when.29-404.03. Arrest without warrant; reasonable cause; conditions.29-405. Warrant; misdemeanor, complainant; costs.29-406. Warrant; to whom directed; contents.29-407. Warrant; persons who may execute.29-408. Warrant; pursuit and arrest of fugitive.29-409. Fugitive; warrant for arrest and return; effect.29-410. Prisoner; lawful arrest; detention.29-411. Warrants and arrests; powers of officer; direction for executing search

warrant; damages.29-412. Arrest under a warrant; prisoner to be taken before magistrate; return.29-413. Offense committed in view of magistrate; arrest; when authorized;

detention.29-414. Rewards for conviction of felons; powers of county boards; limitation on

amount.29-415. Rewards for capture and conviction of horse and auto thieves; powers of

sheriffs; limitation on amount.29-416. Fresh pursuit; peace officer from another state; authority to make arrest.29-417. Fresh pursuit; procedure after arrest.29-417.01. Fresh pursuit; interstate pursuit; liability; personal jurisdiction.29-418. Fresh pursuit; section, how construed.29-419. Fresh pursuit; state, defined.29-420. Fresh pursuit, defined.29-421. Act, how cited.29-422. Citation in lieu of arrest; legislative intent.29-423. Citation; Supreme Court; prescribe form; contents.29-424. Citation; contents; procedure; complaint; waiver; use of credit card

authorized.29-425. Citation; issued, when; service.29-426. Citation; failure to appear; penalty.29-427. Detention of accused; grounds.29-428. Sections, how construed.29-429. Citation; cited person to medical facility; when.29-430. Citation; social security number prohibited.29-431. Infraction, defined.29-432. Infraction; person alleged to have committed; custody; when.29-433. Infraction involving controlled substance; person cited for; course of

instruction; requirements.29-434. Drug treatment centers; provide course of instruction.29-435. Infraction; citation issued in lieu of arrest; exception.29-436. Infraction, penalties.29-437. Infraction; trial without a jury; constitutional rights.29-438. Infraction; treated as first offense; when.29-439. Domestic assault; arrest; conditions; report required.29-440. Domestic assault; weapons; seizure and disposition.

29-401 Law violators; arrest by sheriff or other peace officer; juvenile undereighteen years; requirements.

Every sheriff, deputy sheriff, marshal, deputy marshal, security guard, policeofficer, or peace officer as defined in subdivision (15) of section 49-801 shallarrest and detain any person found violating any law of this state or any legalordinance of any city or incorporated village until a legal warrant can beobtained, except that (1) any such law enforcement officer taking a juvenileunder the age of eighteen years into his or her custody for any violation hereindefined shall proceed as set forth in sections 43-248, 43-248.01, 43-250, 43-251,

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WARRANT AND ARREST OF ACCUSED § 29-402.01

43-251.01, and 43-253 and (2) the court in which the juvenile is to appear shallnot accept a plea from the juvenile until finding that the parents of the juvenilehave been notified or that reasonable efforts to notify such parents have beenmade 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; Laws2009, LB63, § 22; Laws 2010, LB771, § 14.

The finding required by subsection (2) of this section, that theparents of a child under the age of 18 years have been notifiedof the child’s arrest or that reasonable efforts to notify havebeen 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 frontbeing used as an excuse for making a search. The determinationof whether an arrest is pretextual is a question of fact for thetrial court. This court will not reverse a trial court’s finding onthis 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 inmaking arrest. Breese v. Newman, 179 Neb. 878, 140 N.W.2d805 (1966).

Arrest of person who fled from police officers was justifiedunder facts. Sperry v. Greiner, 175 Neb. 524, 122 N.W.2d 463(1963).

Jury was properly instructed as to the duties of sheriff toarrest and detain under this section. O’Dell v. Goodsell, 152Neb. 290, 41 N.W.2d 123 (1950).

Mandamus will lie to compel city officers to use summarypowers 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).

29-402 Arrest by person not an officer.

Any person not an officer may, without warrant, arrest any person, if a petitlarceny or a felony has been committed, and there is reasonable ground tobelieve the person arrested guilty of such offense, and may detain him until alegal warrant can be obtained.


Evidence seized pursuant to an unlawful citizens arrest maystill be admissible in absence of a showing of state action. Statev. Houlton, 227 Neb. 215, 416 N.W.2d 588 (1987).

Jury award of five thousand dollars damages sustainedagainst a private citizen who procured the unlawful arrest anddetention of plaintiff. Huskinson v. Vanderheiden, 197 Neb. 739,251 N.W.2d 144 (1977).

A police officer may arrest without a warrant when it appearsthat a felony has been committed and there are reasonablegrounds to believe that the person arrested is guilty of theoffense. State v. O’Kelly, 175 Neb. 798, 124 N.W.2d 211 (1963).

This section shows intent that provisions of this article applyto felonies and misdemeanors alike. Morrow v. State, 140 Neb.592, 300 N.W. 843 (1941).

Arrest by private person, with cause to believe party arrestedhad committed a felony, was legal. Simmerman v. State, 16Neb. 615, 21 N.W. 387 (1884).

Crime of which person arrested is suspected must have beencommitted. Kyner v. Laubner, 3 Neb. Unof. 370, 91 N.W. 491(1902).

Search incident to arrest by Treasury Department agents wasproper when agents saw revolver protruding from rear pocketof 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 probablecause to arrest defendant for carrying concealed weapon, a statefelony. United States v. Unverzagt, 424 F.2d 396 (8th Cir. 1970).

29-402.01 Shoplifters; detention; no criminal or civil liability.

A peace officer, a merchant, or a merchant’s employee who has probablecause for believing that goods held for sale by the merchant have beenunlawfully taken by a person and that he can recover them by taking the personinto custody may, for the purpose of attempting to effect such recovery, take theperson into custody and detain him in a reasonable manner for a reasonablelength of time. Such taking into custody and detention by a peace officer,merchant, or merchant’s employee shall not render such peace officer, mer-chant, or merchant’s employee criminally or civilly liable for slander, libel, falsearrest, false imprisonment, or unlawful detention.

Source: Laws 1957, c. 101, § 1, p. 361; Laws 1963, c. 157, § 1, p. 556.

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CRIMINAL PROCEDURE§ 29-402.01

Where the detention of a suspected shoplifter was unreason-able because it continued after the detainers knew their suspi-cions were groundless and that they had made a mistake,merchant held not protected under this section. Latek v. K MartCorp., 224 Neb. 807, 401 N.W.2d 503 (1987).

The words ‘‘a merchant’s employee’’ do not include a mer-chant’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 advis-ing the location of one suspected of previous shoplifting doesnot constitute a civil conspiracy against the suspect. Dangbergv. Sears Roebuck & Co., 198 Neb. 234, 252 N.W.2d 168 (1977).

Instruction defining arrest in almost verbatim language of 5Am. Jur. 2d, Arrest, was proper. Schmidt v. Richman Gordman,Inc., 191 Neb. 345, 215 N.W.2d 105 (1974).

29-402.02 Shoplifters; peace officer; arrest without warrant.

Any peace officer may arrest without warrant any person he has probablecause for believing has committed larceny in retail or wholesale establishments.

Source: Laws 1957, c. 101, § 2, p. 361.

29-402.03 Shoplifters; arrest; merchant or employee not liable.

A merchant or a merchant’s employee who causes the arrest of a person, asprovided for in section 29-402.01, for larceny of goods held for sale shall not becriminally or civilly liable for slander, libel, false arrest, or false imprisonmentwhere the merchant or merchant’s employee has probable cause for believingthat 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.

Instruction defining arrest in almost verbatim language of 5Am. Jur. 2d, Arrest, was proper. Schmidt v. Richman Gordman,Inc., 191 Neb. 345, 215 N.W.2d 105 (1974).

29-403 Warrant; who may issue.

Judges of the district court and judges of the county court shall have power toissue process for the apprehension of any person charged with a criminaloffense. Clerk magistrates shall have the power to issue such process asprovided 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, LB1032, § 166; Laws 1984, LB 13, § 51; Laws 1986, LB 529, § 28.

29-404 Complaint; filing; procedure; warrant; issuance.

No complaint shall be filed with the magistrate unless such complaint is inwriting and signed by the prosecuting attorney or by any other complainant. Ifthe complainant is a person other than the prosecuting attorney or a city orvillage attorney prosecuting the violation of a municipal ordinance, he or sheshall either have the consent of the prosecuting attorney or shall furnish to themagistrate a bond with good and sufficient sureties in such amount as themagistrate shall determine to indemnify the person complained against forwrongful or malicious prosecution. Whenever a complaint shall be filed withthe magistrate, charging any person with the commission of an offense againstthe laws of this state, it shall be the duty of such magistrate to issue a warrantfor the arrest of the person accused, if he or she has reasonable grounds tobelieve that the offense charged has been committed. The prosecuting attorneyshall consent to the filing of such complaint if he or she is in possession ofsufficient evidence to warrant the belief that the person named as defendant insuch complaint is guilty of the crime alleged and can be convicted thereof. The

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WARRANT AND ARREST OF ACCUSED § 29-404.02

Attorney General shall have the same power to consent to the filing ofcomplaints as the prosecuting attorneys have in their respective counties.

Source: G.S.1873, c. 58, § 286, p. 790; R.S.1913, § 8940; C.S.1922,§ 9964; C.S.1929, § 29-404; R.S.1943, § 29-404; Laws 1965, c.148, § 1, p. 490; Laws 1975, LB 168, § 2; Laws 1977, LB 497,§ 1; Laws 2011, LB669, § 21.

1. Complaint2. Immunity

1. Complaint

Complaint charging unlawful operation of freight-carryingmotor vehicle was properly filed with justice of the peace.Conkling v. DeLany, 167 Neb. 4, 91 N.W.2d 250 (1958).

Complaint in name of county attorney and verified by deputycounty attorney does not confer jurisdiction upon examiningmagistrate. Morrow v. State, 140 Neb. 592, 300 N.W. 843(1941).

In making allegation of venue, no particular form is required.Seay v. Shrader, 69 Neb. 245, 95 N.W. 690 (1903).

Complaint is jurisdictional; title is no part of complaint. Whitev. State, 28 Neb. 341, 44 N.W. 443 (1889).

nebraska statutes 2016 reissue v2a · 2008, through the One Hundred Fourth Legislature, Second Session, 2016, of the Nebraska Legislature, in force at the time of publication hereof.

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