(1) Except as provided in section 26-119, a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed:
(a) A felony;
(b) A misdemeanor, and the officer has reasonable cause to believe that such person either (i) will not be apprehended unless immediately arrested, (ii) may cause injury to himself or herself or others or damage to property unless immediately arrested, (iii) may destroy or conceal evidence of the commission of such misdemeanor, or (iv) has committed a misdemeanor in the presence of the officer; or
(c) One or more of the following acts to one or more household members, whether or not committed in the presence of the peace officer:
(i) Attempting to cause or intentionally and knowingly causing bodily injury with or without a dangerous instrument;
(ii) Placing, by physical menace, another in fear of imminent bodily injury; or
(iii) Engaging in sexual contact or sexual penetration without consent as defined in section 28-318.
(2) An individual arrested without a warrant under this section who remains in custody shall be brought before a court in the county where the arrest occurred for an appearance no later than seven days after such arrest. The appearance may be in person or conducted remotely by means of videoconferencing. The individual shall have the right to appear in person but must agree to waive the seven-day deadline if an in-person appearance within such time is not reasonably practicable.
(3) For purposes of this section:
(a) Household members includes spouses or former spouses, children, persons who are presently residing together or who have resided together in the past, persons who have a child in common whether or not they have been married or have lived together at any time, other persons related by consanguinity or affinity, and persons who are presently involved in a dating relationship with each other or who have been involved in a dating relationship with each other; and
(b) Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context.
Notes of Decisions
Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
· cites it 2× “§ 46 -6311(1) (1997) (if "the officer has probable cause to believe that the person is committing an offense"); Neb. Rev. Stat. § 29-404.02 (2)(d) (1995) (when the officer has probable cause to believe that the person has committed a misdemeanor in his presence); Nev.”
State v. Perry, 874 N.W.2d 36 (Neb. 2016).
· cites it 2× “12 Neb. Rev. Stat. § 29-404.02 (Reissue 2008); State v.”
State v. Thompson, 241 N.W.2d 511 (Neb. 1976).
· cites it 18× “§ 29-404.02, R.S.Supp., 1974. The arrest in this case was justified under the statute.”
State v. Penas, 263 N.W.2d 835 (Neb. 1978).
· cites it 12× “Section 29-404.02, R.R.S.1943, is the statute applicable herein.”
Williams v. Baird, 735 N.W.2d 383 (Neb. 2007).
· cites it 3× “45 See Neb. Rev. Stat. §§ 29-404.02 (Reissue 1995) and 49-801(15) (Reissue 2004).”
State v. Tingle, 477 N.W.2d 544 (Neb. 1991).
· cites it 6× “I would hold that the clause "in the same manner as the sheriff" found in § 17-118 gives a city police officer the same countywide jurisdiction as a sheriff to stop and arrest persons within the county and that the trial court did not err in failing to suppress evidence obtained…”
Waldron v. Roark, 874 N.W.2d 850 (Neb. 2016).
· cites it 2× “Under Neb. Rev. Stat. § 29-404.02 (1)(b) (Reissue 2008), a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has com- mitted a misdemeanor in the presence of the officer.”
State v. Ball, 710 N.W.2d 592 (Neb. 2006).
· cites it 2× “See, also, Neb. Rev. Stat. § 29-404.02 (Reissue 1995).”
State v. Ellingson, 703 N.W.2d 273 (Neb. Ct. App. 2005).
· cites it 2× “Neb. Rev. Stat. § 29-404.02 (3) (Reissue 1995), the version of the statute in effect at the time of Ellingson’s arrest, authorizes warrantless arrests when the arresting officer has reasonable cause to believe that the suspect has intentionally, knowingly, or recklessly caused…”
State v. Garcia, 994 N.W.2d 610 (Neb. 2023).
“Specifically, Garcia argues that the Illinois troopers had no involvement or knowledge of the underlying investigation into Garcia, as nei- ther those troopers nor their agency were involved in investi- gating the murders.”
State v. Jones, 305 N.W.2d 355 (Neb. 1981).
· cites it 2× “Neb. Rev. Stat. § 29-404.02 (Reissue 1979) states that a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed a felony.”
State v. Haynie, 476 N.W.2d 905 (Neb. 1991).
· cites it 2× “According to Neb. Rev. Stat. § 29-404.02 (Reissue 1989), a peace officer may arrest a person without a warrant if the officer has reasonable cause to believe that such person has committed a felony.”
— Neb. Rev. Stat. § 29-404.02(1) — 4 cases
— Neb. Rev. Stat. § 29-404.02(1)(b)(iii) — 1 case
— Neb. Rev. Stat. § 29-404.02(1)(c)(ii) — 1 case
— Neb. Rev. Stat. § 29-404.02(2) — 2 cases
State v. Tingle, 477 N.W.2d 544 (Neb. 1991).
“I would hold that the clause "in the same manner as the sheriff" found in § 17-118 gives a city police officer the same countywide jurisdiction as a sheriff to stop and arrest persons within the county and that the trial court did not err in failing to suppress evidence obtained…”
— Neb. Rev. Stat. § 29-404.02(2)(c) — 3 cases
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