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

Neb. Rev. Stat. § 29-427 (2026)

Detention of accused; grounds

✓ current as of July 2026
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Any peace officer having grounds for making an arrest may take the accused into custody or, already having done so, detain him further when the accused fails to identify himself satisfactorily, or refuses to sign the citation, or when the officer has reasonable grounds to believe that (1) the accused will refuse to respond to the citation, (2) such custody is necessary to protect the accused or others when his continued liberty would constitute a risk of immediate harm, (3) such action is necessary in order to carry out legitimate investigative functions, (4) the accused has no ties to the jurisdiction reasonably sufficient to assure his appearance, or (5) the accused has previously failed to appear in response to a citation.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1992–2021 · leading case: State v. Sassen, 484 N.W.2d 469 (Neb. 1992).
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State v. Sassen, 484 N.W.2d 469 (Neb. 1992). · cites it 7× “” Neb. Rev. Stat. § 29-427 (Reissue 1989) states: Any peace officer having grounds for making an arrest may take the accused into custody or, already having done so, detain him further when the accused fails to identify himself satisfactorily, or refuses to sign the citation, or…”
State v. Petersen, 676 N.W.2d 65 (Neb. Ct. App. 2004). · cites it 6× “The State argues that the “surrounding circumstances,” in addition to the discovery of the marijuana pipe, brief for appellee at 8, justify the officers’ further investigation under Neb.”
State v. Scovill, 608 N.W.2d 623 (Neb. Ct. App. 2000). · cites it 4× “In additional comments, Sassen noted that § 29-435 makes an exception for situations falling under Neb. Rev. Stat. § 29-427 (Reissue 1995), which states: Any peace officer having grounds for making an arrest may take the accused into custody or, already having done so, detain…”
State v. Hawley (Neb. Ct. App. 2017). · cites it 2× “2d 469 (1992); Neb. Rev. Stat. § 29-427 (Reissue 2016). If an arrest is made based on probable cause, a full search of the person may be made incident to that arrest.”
Reed v. Hovey (D. Neb. 2021). · cites it 2× “Neb. Rev. Stat. § 29-427 ; see Lawyer, 361 F.”
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