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

Neb. Rev. Stat. § 29-401 (2026)

Law violators; arrest by sheriff or other peace officer; juvenile under eighteen years; requirements

✓ current as of July 2026
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Every sheriff, deputy sheriff, marshal, deputy marshal, security guard, police officer, or peace officer as defined in section 49-801 shall arrest and detain any person found violating any law of this state or any legal ordinance of any city or incorporated village until a legal warrant can be obtained, except that (1) any such law enforcement officer taking a juvenile under the age of eighteen years into his or her custody for any violation herein defined shall proceed as set forth in sections 43-248, 43-248.01, 43-250, 43-251, 43-251.01, and 43-253 and (2) the court in which the juvenile is to appear shall not accept a plea from the juvenile until finding that the parents of the juvenile have been notified or that reasonable efforts to notify such parents have been made as provided in section 43-250.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1950–2025 · leading case: Holmes v. Crossroads Jt. Venture, 629 N.W.2d 511 (Neb. 2001).
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Holmes v. Crossroads Jt. Venture, 629 N.W.2d 511 (Neb. 2001). · cites it 4× “If events occurred as Holmes described them, then Holmes did not violate any law or legal ordinance, and his arrest was unlawful.”
Claypool v. Hibberd, 626 N.W.2d 539 (Neb. 2001). · cites it 3× “1403 reflects that the intent of Nebraska’s parental notification requirement was not to create new rights or duties, but to institute a prophylactic measure to ensure that reasonable efforts were made to notify parents *827 before juveniles would be permitted to plead to any…”
State v. Watts, 307 N.W.2d 816 (Neb. 1981). · cites it 2× “) Neb. Rev. Stat. § 29-401 (Reissue 1979). Also, Neb.”
State v. Gerber, 291 N.W.2d 403 (Neb. 1980). · cites it 2× “In so holding, we said: "The authority of the officer to make such arrest depends not upon the implied consent statute, but exists by virtue of the common law as codified in our statutes, to wit, sections 29-401 and 29-404.02, R.R.S.1943.”
State v. Rust, 388 N.W.2d 483 (Neb. 1986). “In his fifth assignment Rust asserts error in the failure to “find the felony murder statute under which Appellant was convicted and sentenced (§29-401 Neb. Rev. Stat.) violative of the Eighth Amendment in that it makes possible a sentence of death for a killing committed…”
O'DELL v. Goodsell, 41 N.W.2d 123 (Neb. 1950). · cites it 2× “The court instructed as to the statutory duties of the county board to provide a jail and keep it in repair under section 23-120, R.”
State v. Taylor, 448 N.W.2d 920 (Neb. 1989). · cites it 5× “defender, the defendant’s grandmother with whom the defendant was living knew of the arrest and that the defendant was going to plead guilty; that the whereabouts of the defendant’s father was unknown; that both the public defender and the defendant’s grandmother had talked with…”
State v. Orosco, 260 N.W.2d 303 (Neb. 1977). “The authority of the officer to make such arrest depends not upon the implied consent statute, but exists by virtue of the common law as codified in our statutes, to wit, sections 29-401 and 29-404.”
Wullschleger v. Peters, 28 F. Supp. 2d 549 (D. Neb. 1998). · cites it 2× “04 (Michie 1995) (county sheriff; power to serve process); Neb.Rev.Stat. § 29-401 (Michie 1995) (county sheriff; power to make arrests); Neb.”
Breese v. Newman, 140 N.W.2d 805 (Neb. 1966). “§ 29-401, R. R. S. 1943. The plaintiff in this case was operating his automobile in an illegal manner in the presence of the defendants, and it was their duty to arrest and detain the plaintiff.”
Sperry v. Greiner, 122 N.W.2d 463 (Neb. 1963). · cites it 2× “” Section 29-401, R. R. S. 1943, provides as follows: “Every sheriff, deputy sheriff, constable, marshal or deputy marshal, watchman or police officer shall arrest and detain any person found violating any law of this state, or any legal ordinance of any city or incorporated…”
Nat'l Legal & Policy Ctr. v. Berkshire Hathaway Inc. (D. Neb. 2024). · cites it 6× “2d at 528 (citing Neb. Rev. Stat. § 29-401 , which states in relevant part, “Every .”
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