No complaint shall
be filed with the magistrate unless
such complaint is in writing and signed by the prosecuting attorney or by any other complainant.
If the complainant is a person other than the
prosecuting attorney or a city or village attorney prosecuting the violation
of a municipal ordinance, he or
she shall either have the consent of the prosecuting attorney
or shall furnish to the magistrate a bond with good and sufficient sureties
in such amount as the magistrate shall determine to indemnify the person complained
against for wrongful or malicious prosecution. Whenever a complaint 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 magistrate
to issue a warrant for the arrest of the person accused, if he or she has reasonable grounds to believe that
the offense charged has been committed. The prosecuting attorney shall consent
to the filing of such complaint if he or
she is in possession of sufficient evidence to warrant the belief
that the person named as defendant in such complaint is guilty of the crime
alleged and can be convicted thereof. The Attorney General shall have the
same power to consent to the filing of complaints as the prosecuting attorneys
have in their respective counties.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1939–2023 · leading case:
Leeke v. Timmerman, 454 U.S. 83 (1982).
Leeke v. Timmerman, 454 U.S. 83 (1982).
· cites it 2× “, Neb. Rev. Stat. § 29-404 (1979); Ohio Rev.”
State v. Schanaman, 835 N.W.2d 66 (Neb. 2013).
· cites it 2× “We also note that Neb. Rev. Stat. § 29-404 (Cum. Supp. 2012), which deals with filing complaints in county court, does not impose any requirements similar to § 29-1802 or reference it in any way.”
State v. Hofmann, 967 N.W.2d 435 (Neb. 2021).
· cites it 2× “” Neb. Rev. Stat. § 29-404 (Reissue 2016) describes that “[n]o complaint shall be filed with the magistrate unless such complaint is in writing and signed by the prosecuting attorney or by any other complain- ant.”
State v. Lehman, 278 N.W.2d 610 (Neb. 1979).
· cites it 2× “Such an affidavit furnishes probable cause and under the provisions of section 29-404, R. R. S. 1943, the magistrate was required to issue the warrant.”
State v. Williams, 987 N.W.2d 613 (Neb. 2023).
· cites it 2× “5 See Neb. Rev. Stat. §§ 29-404 and 29-425 (Reissue 2016).”
Conkling v. De Lany, 91 N.W.2d 250 (Neb. 1958).
“See § 29-404, R. R. S. 1943. These complaints, being within the jurisdiction of the justice court, were proper for her to hear.”
Morrow v. State, 300 N.W. 843 (Neb. 1941).
· cites it 2× “Section 29-404, Comp. St. 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…”
State ex rel. Johnson v. Goble, 285 N.W. 569 (Neb. 1939).
· cites it 2× “*252 Section 29-404, Comp. St. 1929, makes it the duty of a magistrate to issue a warrant for the arrest of an accused person, if he shall have reasonable grounds to believe the offense charged has been committed.”
State v. Alford (Neb. Ct. App. 2016).
· cites it 2× “The infor- mation filed in the district court was filed by the prosecut- ing attorney, and notarized by a deputy clerk of the district court, fulfilling the requirements of Neb. Rev. Stat. § 29-404 (Reissue 2008). Alford filed a written waiver of physical appearance on July 2,…”
Bohlen v. Kissack, 202 N.W.2d 171 (Neb. 1972).
· cites it 2× “nal defects on the fact that the three complaints on which the convictions were obtained were filed by persons other than the county attorney; that the record does not indicate the county attorney consented to their filing; and that the court did not receive from the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.