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

Neb. Rev. Stat. § 29-402 (2026)

Arrest by person not an officer

✓ current as of July 2026
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Any person not an officer may, without warrant, arrest any person, if a petit larceny or a felony has been committed, and there is reasonable ground to believe the person arrested guilty of such offense, and may detain him until a legal warrant can be obtained.

Notes of Decisions
Cited in 7 cases, 1941–1991 · leading case: State v. Tingle, 477 N.W.2d 544 (Neb. 1991).
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State v. Tingle, 477 N.W.2d 544 (Neb. 1991). · cites it 4× “Neb. Rev.Stat. § 29-402 (Reissue 1989). In essence, the State argues that Neb.”
Huskinson v. Vanderheiden, 251 N.W.2d 144 (Neb. 1977). · cites it 3× “The arrest by a law enforcement officer without a warrant pursuant to and instigated by a private citizen must have a basis in fact, establishing that a petit larceny or a felony has been committed, and there is reasonable *743 ground to believe the person arrested guilty of…”
State v. Walker, 459 N.W.2d 527 (Neb. 1990). · cites it 2× “See Neb. Rev. Stat. § 29-402 (Reissue 1989). Davitt’s actions after he noticed the suspected contraband were entirely proper.”
Bell v. State, 67 N.W.2d 762 (Neb. 1954). · cites it 2× “3 deals with the same proposition, that is, a civil arrest under section 29-402, R. R. S. 1943,- which provides as follows: “Any person not an ■officer may, without warrant, arrest any person, if a petit larceny or a felony has been committed, and there is reasonable ground to…”
State v. O'KELLY, 124 N.W.2d 211 (Neb. 1963). “It has long been established in Nebraska that a police officer may arrest without a warrant when it appears that a felony has been committed and that there are reasonable grounds to believe that the person arrested is guilty of the offense.”
State v. Houlton, 416 N.W.2d 588 (Neb. 1987). · cites it 2× “Neb. Rev. Stat. § 29-402 (Reissue 1985) provides: “Any person not an officer may, without warrant, arrest any person, if a petit larceny or a felony has been committed, and there is reasonable ground to believe the person arrested guilty of such offense, and may detain him until…”
Morrow v. State, 300 N.W. 843 (Neb. 1941). · cites it 2× “1929, is the applicable provision and is as follows: “Whenever a complaint in writing and upon oath, signed by the complainant, shall be filed with the magistrate, charging any person with the commission of an offense against the laws of this state, it shall be the duty of such…”
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