Nebraska Warrant Search | StateRecords.org

Are Warrants Public Records in Nebraska?

Per Nebraska's Public Records Act, law enforcement agencies are authorized to provide access to warrants in the state. Hence, anyone can inspect or obtain copies of warrants except as otherwise expressly provided by statute. Generally, warrants may have a period of confidentiality where they are only open to a selected few. Per Nebraska Revised Statute 29-817, the issuance of a warrant, complaint, affidavit, and testimony upon which it is based are deemed confidential until the warrant is executed. Following its execution, a warrant may be maintained as a judicial record and/or featured within an individual’s Nebraska criminal records.

What is Considered 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 of 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 the 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 costs $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 in arrest warrant search. Requesters can also access the contact information of the District Court and County Court on the website.

Third-party websites also maintain records of warrants issued or executed in various jurisdictions. 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?

How long a warrant stays active is dependent on the type of warrant. An arrest warrant for a felony offense and bench warrant remain 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 warrants 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 a 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 agency 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.

How Long Does It Take to Get a Warrant in Nebraska?

Generally speaking, the timeline for obtaining a warrant is between a few hours and several days, depending on the particular situation. A warrant is usually issued when the court finds that there is probable cause to believe an offense was committed and the person charged committed the crime. However, some common delays can add additional time to the process, like transfers of paperwork between jurisdictions and additional documentation or signatures.

How Do Search Warrants Work in Nebraska?

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.

How Does a Nebraska Search Warrant Become 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 enjoin a judge or magistrate to only issue a warrant upon 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.

How to Conduct an Active Warrant Search in Nebraska

In Nebraska, individuals can find active warrant information at County Sheriff’s Offices. For example, here is how to conduct an active warrant search in Douglas County:

Go to the Douglas County Sheriff's Office website
Click “Services” at the left bar
Scroll down to the “Warrants” section and click “Criminal”.
A page on “Criminal Warrants / Protection Order Service” will appear
Scroll down the page to locate the warrant search tool
Conduct a search by a last name or browse by alphabet.

A list of warrant information related to the search will be displayed on the screen. Click on any resulting name to begin viewing the warrant record. The search results typically reveal the fugitive’s name, warrant number, age, address, gender, race, height, weight, charges, and agency. The Douglas County Sheriff’s Office also provides a list of the Top Ten Most Wanted persons in the county. The fugitive’s mugshot, full name, birth date, charge, physical description, last known address, and details are available for public perusal.

Alternatively, a requester can visit the Douglas County Sheriff’s Office during business hours to conduct an active warrant search. A name, warrant number, or birth date must be provided to facilitate the search. In-person requests can be made at:

Douglas County Sheriff’s Office
Court Services Bureau
Civil and Fugitive Warrant Units
County Corrections Annex
1616 Leavenworth Street
Omaha, NE 68102

Free Warrant Search Options in Nebraska

Most law enforcement agencies in Nebraska have online databases where individuals can retrieve warrant information for free. Generally, a free warrant search can be done at Nebraska City Police Departments and County Sheriff's Offices. For example, the City of Lincoln Police Department (LPD) and the Lancaster County Sheriff’s Office (LSO) use the “Current Warrant List” tool to provide access to warrant information. Requesters can either view a list of names using the alphabet index provided on the website or search by name. The warrant list reveals the person’s mugshot, name, race, sex, date of birth, agency, and charge. Note that any warrant marked as "BW FTP" or "BW FTA" is a bench warrant issued for failure to pay costs or appear in court. Alternatively, requesters can either visit the LPD or LSO during business hours to conduct a warrant search. Necessary information must be provided to facilitate the search. Generally, no charges are required to view warrant information, but a small fee must be paid to get copies of such records. The LPD and LSO offices are both located at:

Lancaster County Sheriff’s Office/City of Lincoln Police Department
575 S 10th Street
Lincoln, NE 68508
Phone: (402) 441-6000 (LPD)
Phone: (402) 441-6500 (LSO)
Fax: (402) 441-8320 (LSO)
Email: lso@lancaster.ne.gov_,_ LPD@cjis.lincoln.ne.gov

Arrest Warrant in Nebraska: Rules of Procedure

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 are to bring the names of the offenders 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.

Nebraska Child Support Arrest Warrants: What You Need to Know

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.

Nebraska Bench Warrants: Issuing and Arrests

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:

Non Appearance 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.

Failure to Appear in Nebraska: Rules and Consequences

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.

Failure to Pay in Nebraska: How It Works

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.

No-Knock Warrant in Nebraska: General Laws

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.

How to Perform a Federal Warrant Search

Several online databases in the United States can be used to perform a federal warrant search for free. These online databases are maintained by federal law enforcement agencies. For example, some federal government district courts provide access to warrant information through warrant search tools. The location of these federal district courts can be found via the Federal Court Finder on the United States Courts website. The U.S. Marshals Service also has a Most Wanted Fugitives list that can be used to retrieve federal warrant information. The list contains information like the fugitive’s name, alias, date of birth, mugshot, eye and hair color, height, weight, race and ethnicity, scar/tattoo, date and place where the fugitive is wanted, charges, and case outline. Requesters can download the fugitives poster from the website.

Does Nebraska DMV Check for Warrants?

Unfortunately, Nebraska DMV does not check for warrants. Some DMV offices may have a law enforcement officer on-site that can arrest people with outstanding warrants. Generally, most Nebraska Courts notify the DMV of warrants related to traffic offenses. This may result in license suspension until the warrant is cleared.