Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-3304 (2026)

Order; when not required

✓ current as of July 2026
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No order shall be required or necessary where the individual has been lawfully arrested, nor under any circumstances where peace officers may otherwise lawfully require or request the individual to provide evidence of identifying physical characteristics, and no order shall be required in the course of trials or other judicial proceedings.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1976–2022 · leading case: State v. McKinney, 730 N.W.2d 74 (Neb. Ct. App. 2007).
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State v. McKinney, 730 N.W.2d 74 (Neb. Ct. App. 2007). · cites it 20× “The District Court Erred When It Failed to Suppress McKinney’s DNA (a) Probable Cause Is Required for Searches Under § 29-3304 (i) Searches of Arrestees McKinney argues that the district court erred in not suppressing her DNA evidence from the buccal swab and her pubic hair.”
State v. Freeman, 571 N.W.2d 276 (Neb. 1997). · cites it 3× “Neb. Rev. Stat. § 29-3304 (Reissue 1995) provides as follows: No order shall be required or necessary where the individual has been lawfully arrested, nor under any circumstances where peace officers may otherwise lawfully require or request the individual to provide evidence of…”
State v. Buckman, 613 N.W.2d 463 (Neb. 2000). · cites it 2× “Neb. Rev. Stat. § 29-3304 (Reissue 1995) provides as follows: No order shall be required or necessary where the individual has been lawfully arrested, nor under any circumstances where peace officers may otherwise lawfully require or request the individual to provide evidence of…”
State v. Swayze, 247 N.W.2d 440 (Neb. 1976). · cites it 2× “ay issue upon a showing by affidavit of a peace officer that (1) there is probable cause to believe that an offense has been committed; (2) that procurement of evidence of identifying physical characteristics through nontestimonial identification procedures from an identified or…”
State v. Prior, 973 N.W.2d 726 (Neb. Ct. App. 2022). · cites it 3× “However, Neb. Rev. Stat. § 29-3304 (Reissue 2016) provides: No order shall be required or necessary where the individual has been lawfully arrested, nor under any circumstances where peace officers may otherwise law- fully require or request the individual to provide evi- dence…”
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