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Nebraska Warrant Records

What is a Warrant in Nebraska?

A warrant is an order from a competent judicial officer (judge or magistrate) in Nebraska that directs a law enforcement officer to carry out certain acts. Warrants also afford the enforcers protection from criminal liability; without the warrants, the acts would be illegal or deemed to violate an individual's rights. The Courts in the Nebraska Judicial Branch issue different types of warrants to achieve various purposes. The most common types are arrest warrants, search warrants, bench warrants, capias warrants, etc.

The court may only issue a warrant after the complainant establishes probable cause. That is, there are reasonable grounds to believe that a particular individual has committed a crime to justify an arrest or search on the person or property. When there is probable cause, the court uses it as a standard to issue a warrant for the arrest or search. If there is no probable cause, the officer may be held liable for any damages incurred from carrying out an illegal action. It is also an infringement of any individual's right to carry out an unlawful search, seizure, or arrest as provided for in the Fourth Amendment.

How to Find Out if You Have a Warrant in Nebraska?

If an individual suspects a pending warrant, the individual may search through the relevant agencies that maintain such information. Some of these agencies are the State Police, Nebraska Judicial Branch, or the appropriate law enforcement agency. The Nebraska State Patrol, as the central repository for criminal history records, provides access to Record of Arrest and Prosecution (RAP sheet) for interested individuals. The individual may request an online criminal history check which costs $15.50.

Otherwise, the requester may download and complete the Criminal History Record Request form. It cost $12.50 to submit this application in person or via mail. Fees are payable with a cashier's check, personal check, or money order made payable to the Criminal Identification Division office. Some of the different law enforcement agencies in the state provide access to local criminal history checks. For instance, the Omaha Police Department allows interested persons to request criminal records by submitting a written request in person or via mail to:

The Records Manager
Omaha Police Department
505 South 15th Street
Omaha, NE 68102
Phone: (402) 444-5828

The service costs $7 to be made payable to the City of Omaha. For more information, use the Flyer With Additional Information on Background Checks. Individuals may also search through the relevant law enforcement agencies for arrest records and warrant information. For instance, the Douglas County Sheriff's Office maintains a criminal warrant database to assist in arrest warrant searches. Other Sheriff's offices use the Nebraska Sheriff's Association directory to access contact information. An interested person may also contact other law enforcement agencies in the state using this directory.

Alternatively, individuals may use the case information eServices maintained by the Nebraska Judicial Branch to aid arrest warrant search. Requesters can also access the contact information of the District Court and County Court on the website.

Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:

  • The personal information of the alleged suspect
  • Information regarding the issuing officer
  • The location where the warrant was issued.

How Long Does a Warrant Stay Active in Nebraska?

When a warrant becomes inactive is dependent on the type of warrant. An arrest warrant for a felony offense and bench warrant remains active until the officer executes it or the individual voluntarily submits to the law. A bench warrant, for instance, follows the individual to any state within the United States or another country. This type of warrant may only become inactive if the judge recalls it or the subject of the warrant dies. Other types of a warrant may expire due to the statute of limitation of the offense expiring, or the officer did not execute the warrant within time. However, the court may reissue the warrant if probable cause is duly established.

Avoiding a warrant may not be the best idea because it technically does not go away. For instance, the Nebraska DMV may suspend the person's driver's license. Note that the officer ordered to enforce the warrant does not always have to carry out an active search for the subject of the warrant. It means that a law enforcement agent may execute a warrant where there is a discovery of a warrant subject. To ensure that there is no outstanding warrant, interested individuals may conduct a warrant search via the state police, judicial branch, the law enforcement agencies website, or independent records database. Also, the individual may employ the services of an experienced criminal defense lawyer to quash it or defend the complaint in court.

What is a Nebraska Search Warrant?

Per 29-812 of the Nebraska Revised Statutes (NRS), a Nebraska court judge may issue a search warrant for a property, person, or for the seizure of properties. Also, a clerk magistrate may issue a warrant where the law permits. Per 29-814.01 NRS, the court may only issue a warrant when a written affidavit is sworn before a magistrate, a judge, or any other person authorized by law. An affidavit must describe the person or places to be searched or property subject to seizure. The court may receive this information on the testimony in person, via fax, or orally utilizing a voice recording device or stenographically. Per 29-813 NRS, a judge may issue a warrant to search or seize any property that was:

  • Stolen, embezzled, or obtained by fraud
  • Designed or intended for use or has already been used to commit a criminal offense.
  • Used in violating the law of the State of Nebraska, making it a criminal offense

An officer must execute and return a search warrant within ten days of its issuance. A Nebraska search warrant permits the executing law officer to seize evidence listed on the warrant. The officer must make a list of the properties subject to seizure, a copy of which the officer must furnish the owner of those properties. Note that the officer must make an inventory in front of the owner. An executing officer may also seize any other property even though it is not on the search warrant list.

An officer must execute a search warrant in Nebraska according to the provisions of the Nebraska Revised Statutes. Failure to follow the requirements of the law may be to the advantage of the warrant subject. Note that even where an officer fails to execute a warrant within ten days, the judge may reissue the warrant if there is still probable cause.

What Can Make a Nebraska Search Warrant Invalid?

Even though many situations may render a warrant invalid, the most serious one is any contravention of the provisions of the Fourth Amendment. The law frowns upon government agencies carrying out an unlawful search or seizure without establishing probable cause. The provisions of 29-814.01 NRS equally enjoins a judge or magistrate to only issue a warrant upon a probable cause supported by an affidavit. This affidavit provides facts that serve as the basis for which the judge determines if there is probable cause or not. So, where an executing officer deviates from this provision, such action may invalidate the search warrant.

Per 29-822, any person aggrieved by an unlawful search or seizure may file a motion to suppress. The individual must file the motion at least ten days before the trial date. Note that if it is a felony charge, the individual must file the motion at the District court. For any other charge, such a person may file in the court where the complaint is pending. After evaluating facts before the court, the judge may deny the motion or find in favor of the individual filing the motion. The court may deny the motion if the search is in good faith, that is, to avoid destruction of evidence or escape of a suspect, etc.

What is an Arrest Warrant in Nebraska?

Per 29-403 NRS, a District Court or County Court Judge may issue a warrant to apprehend any person with a criminal offense charge. By law, the clerk magistrates may also issue the warrant subject to section 24-519 NRS. Under section 29-404 NRS, the court issues a warrant only if the complainant has the complaint in writing. The Nebraska Attorney General, prosecuting attorney, or any other complainant must sign the complaint. The judge or magistrate may only issue a warrant if there is a belief that the complaint contains enough reasonable grounds. When the judge or magistrate issues the warrant, the judge directs it to a Sheriff of a county or marshal or other police agents of a city or village.

The instructions for the officer executing it is to bring the names of the offender before the court. The arrest warrant gives the executing officer the right to arrest or detain the offender at any day, place, or time. There are circumstances where the enforcing officer may arrest an individual without a warrant. To justify such an arrest, the law enforcement officer must consider all the surrounding facts and circumstances. Such facts must lead to the conclusion that the individual will commit or has committed an offense. Per 29-404.02 NRS, an officer may arrest without warrant if there is reasonable cause to support the belief that the person has committed:

  • A felony;
  • A misdemeanor and the officer sufficiently believes that:
    • Such a person may not be apprehended unless immediately arrested.
    • The individual is a danger to themselves and any other people present.
    • There are reasons to believe evidence may be destroyed or concealed.
    • The individual commits a misdemeanor in the presence of the officer.
  • Attempts to cause or intentionally cause bodily injury with or without a dangerous weapon or object
  • Putting the fear of imminent bodily injury
  • Engaging in sexual penetration without consent

An interested person may conduct arrest warrant searches to prevent an arrest because the executing officer does not send a notification before arrest. If there is a pending warrant, the individual may voluntarily submit to the court's jurisdiction before an arrest attempt. Also, such individuals may employ the services of an attorney vast in criminal defense to dismiss the charge or representation in court.

What is a Child Support Arrest Warrant in Nebraska?

A court issues a child support arrest warrant when the parent charged with child support payment defaults once or severally. It is a type of contempt action in Nebraska because the petitioner applies to the District Court to hold the defaulter in contempt of a court-ordered payment. If the defaulter fails to purge by paying the child support, the petitioner may file an Affidavit and Motion for Bench Warrant and Commitment to Issue form and Bench Warrant form for such defaulter to be sent to jail. If the application is successful, the court may sentence the defaulter to jail until the defaulter purges themselves from the contempt. To file a contempt, the individual needs the following forms:

The court charges no fees to file these forms, but there may be fees to have the forms served on the defaulter. The defaulter may also hire an attorney because a contempt action may lead to jail time.

What is a Nebraska Bench Warrant?

A Nebraska bench warrant allows an executing officer to arrest an individual who fails to appear in court or noncompliance with a court order. Some of the common reasons the court may issue a bench warrant include:

  • Nonappearance in court
  • Noncompliance with a court order or court-ordered payment
  • Failure to appear as a witness
  • Failure to pay a traffic citation or ticket
  • Failure to pay a child or spousal support
  • Failure to appear for a progress report
  • Violation of probationary or post-release terms, etc.

Nebraska residents may run a bench warrant search through relevant government agencies' domains.

In Nebraska, What is Failure to Appear?

A Nebraska court may issue a Failure to Appear (or "FTA") when an individual fails to attend a court hearing on the scheduled date and time. These individuals may be the defendants, witnesses, or jury members. Note that failing to appear is not a criminal charge and attracts no jail time if it was unintentional. Sometimes the court may let such individuals go with a warning depending on the individuals' criminal history. By the provisions of section 29-426 NRS, If the non-appearance is intentional, the court may charge a person with a felony or misdemeanor depending on the action. An individual who chooses to ignore a failure to appear warrant may get a driver's license suspension or fines.

How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Nebraska?

What determines how long an individual will stay in jail for failing to appear is dependent on the type of action before the court. The defaulting individual may end up in prison until the matter comes up in court or gets a fine. Also, per section 29-908 NRS, the court may charge such a person with a felony if the action was a felony charge. If it is a misdemeanor, the court may charge the individual with the misdemeanor for failing to appear.

In Nebraska, What is Failure to Pay?

Failure to pay is another type of bench warrant issued by the court when an individual defaults once or severally on a court-ordered payment. This offense may lead to a charge of an infraction or misdemeanor if the court finds proof that the act of failing to pay is intentional. The court cannot issue a failure to pay against an individual with the financial proof of indigent.

What is a No-Knock Warrant in Nebraska?

A "No-Knock Warrant" is used in Nebraska when the executing officers try not to alert the resident owner of their presence. Law enforcement agents may ring doorbells in normal circumstances, call out the person's name, or knock to introduce presence. However, a no-knock warrant is used when there is a belief that evidence may be tampered with or destroyed. Also, the court may issue such a warrant, where there is a belief that the suspect may flee to avoid putting the officer's life at risk or any other party.