Nebraska Revised Statutes
Neb. Rev. Stat. § 29-422 (2026)
Citation in lieu of arrest; legislative intent
✓ current as of July 2026
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It is hereby declared to be the policy of the State of Nebraska to issue citations in lieu of arrest or continued custody to the maximum extent consistent with the effective enforcement of the law and the protection of the public. In furtherance of that policy, except as provided in sections 26-119 and 26-120, any peace officer shall be authorized to issue a citation in lieu of arrest or continued custody for any offense which is a traffic infraction, any other infraction, or a misdemeanor and for any violation of a city or village ordinance. Such authorization shall be carried out in the manner specified in sections 29-422 to 29-429 and 60-684 to 60-686.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1977–2023 · leading case: State v. Ranson, 511 N.W.2d 97 (Neb. 1994).
State v. Ranson, 511 N.W.2d 97 (Neb. 1994). “§ 29-422 (Reissue 1989) not only provides that citations may be issued in lieu of arrest for misdemeanors such as littering, but it also makes clear that it is the “policy of the State of Nebraska to issue citations in lieu of arrest or continued custody to the maximum extent…”
State v. Sassen, 484 N.W.2d 469 (Neb. 1992). “§ 29-435 (Reissue 1989), which provides: “Except as provided in section 29-427, for any offense classified as an infraction, a citation shall be issued in lieu of arrest or continued custody pursuant to sections 29-422 to 29-429.” Defendant’s contentions are without merit.”
State v. Knoles, 256 N.W.2d 873 (Neb. 1977). “Section 29-422, R. R. S. 1943, declares it to be a pol *215 icy of the State “to issue a citation in lieu of arrest or continued custody for any offense which is a traffic infraction.”
State v. Brooks, 560 N.W.2d 180 (Neb. Ct. App. 1997). “For the sake of completeness, we also note that Neb.Rev.Stat. § 29-422 (Reissue 1995) permits issuance of a citation in lieu of arrest.”
State v. Williams, 987 N.W.2d 613 (Neb. 2023). “3 See, Neb. Rev. Stat. § 29-422 (Cum. Supp. 2022); Neb.”
State v. Petersen, 676 N.W.2d 65 (Neb. Ct. App. 2004). “Again, § 29-435 states: “Except as provided in section 29-427, for any offense classified as an infraction, a citation shall be issued in lieu of arrest or continued custody pursuant to sections 29-422 to 29-429.” [Section] 29-427 .”
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