Being Arrested
Neb. Rev. Stat. § 29-404.02 — a felony on reasonable cause, some misdemeanors, household violence, and court within seven days
A peace officer may arrest without a warrant on reasonable cause to believe the person committed a felony, or a misdemeanor where the person will not otherwise be caught, may cause injury or damage, may destroy evidence, or committed it in the officer's presence.
Household violence. An officer may also arrest without a warrant on reasonable cause of bodily injury, a physical menace or nonconsensual sexual contact against a household member, whether or not it happened in the officer's presence.
- A person arrested without a warrant who stays in custody is brought before a court in the county, no later than seven days after the arrest.
- A person arrested under a warrant is taken before the proper magistrate, with the warrant and its return.
- For an offense classified as an infraction, a citation is issued in place of arrest, apart from the exceptions the law lists.
Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Whether a particular arrest was lawful is a question for a licensed Nebraska attorney.
Sources for this section (6)
- Neb. Rev. Stat. § 29-404.02 — Arrest without warrant; when; court appearance
- Neb. Rev. Stat. § 29-412 — Arrest under a warrant; prisoner to be taken before magistrate; return
- Neb. Rev. Stat. § 29-435 — Infraction; citation issued in lieu of arrest; exception
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
- Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.