Nebraska Revised Statutes

Neb. Rev. Stat. § 29-814.01 (2026)

Search warrant; issuance on affidavit; procedure

✓ current as of July 2026
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A search warrant may be issued under section 29-814.04 pursuant to written affidavit sworn to before a magistrate, a judge, or any other person authorized to administer oaths under the laws of this state by the person making it. Such affidavit shall particularly describe the persons or places to be searched and the persons or property to be seized. Such affidavit shall set forth the facts and circumstances tending to show that such person or property is in the place, or the property is in the possession of the person, to be searched. Such affidavit may be submitted to the magistrate or judge in person or by facsimile or other electronic means and the warrant may be issued to the affiant in person or by facsimile or other electronic means.

Notes of Decisions
Cited in 4 cases, 1981–2019 · leading case: Missouri v. McNeely, 133 S. Ct. 1552 (2013).
Missouri v. McNeely, 133 S. Ct. 1552 (2013). “§§ 46-5-221, 46-5-222 (2012); Neb.Rev.Stat. §§ 29-814.01, 29-814.03, 29-814.”
Commonwealth v. Almonor, 120 N.E.3d 1183 (Mass. 2019). “§§ 46-5-221 , 46-5-222 ; Neb. Rev. Stat. §§ 29-814.01 , 29-814.03, 29-814.”
State v. Lozano, 311 N.W.2d 529 (Neb. 1981). · cites it 2× “The argument as to defectiveness is that the transcripts of intercepted telephone calls referred to in the supporting affidavit were not supported by oath or affirmation as required by Neb. Rev. Stat. § 29-814.01 (Cum. Supp. 1980).”
State v. Moore, 535 N.W.2d 417 (Neb. Ct. App. 1995). · cites it 2× “Moore filed a motion to suppress the marijuana and any statements he gave to police, alleging that the police officers’ method of serving the warrant did not comply with the “knock and announce” requirements under Neb. Rev. Stat. § 29-814.01 (Reissue 1989).”
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