If the magistrate or judge is satisfied that probable cause exists for the issuance of a search warrant, as a result of written affidavit or oral statement authorized pursuant to sections 29-814.01 and 29-814.02, the magistrate or judge shall issue the warrant which shall identify the person or place to be searched and the person or property to be seized. The warrant shall be directed to a law enforcement officer of the State of Nebraska or one of its governmental subdivisions, which officer shall be specifically named or described by the title of his or her office in the warrant. The warrant shall state whether the grounds or proper cause of its issuance is a written affidavit, an oral statement, or a combination of both. The warrant shall indicate the name or names of the person or persons whose affidavit or statement has been taken in support thereof. The warrant shall command the officer named in the warrant to search the person or place named for the purpose specified. The warrant shall direct that it be served in the daytime unless the magistrate or judge is satisfied that the public interest requires that it should not be so restricted, in which case the warrant may direct that it may be served at any time. The warrant shall designate the magistrate or judge to whom it shall be returned. For purposes of this section, daytime shall mean the hours from 7 a.m. to 8 p.m. according to local time.
Notes of Decisions
Cited in
16
cases, 1987–2017 · leading case:
State v. Pecha, 407 N.W.2d 760 (Neb. 1987).
State v. Pecha, 407 N.W.2d 760 (Neb. 1987).
· cites it 6× “Constitution as well as the provisions of Neb. Rev. Stat. § 29-814.04 (Reissue 1985).”
State v. Fitch, 582 N.W.2d 342 (Neb. 1998).
· cites it 10× “ANALYSIS Nighttime Search In his first assignment of error, Fitch asserts that no facts or circumstances in Shaw’s affidavit justified executing the search warrant at night and, thus, that the physical evidence seized pursuant to the search warrant should have been suppressed.”
State v. Lammers, 676 N.W.2d 716 (Neb. 2004).
· cites it 4× “" See Neb.Rev.Stat. § 29-814.04 (Reissue 1995).”
State v. Moore, 508 N.W.2d 305 (Neb. Ct. App. 1993).
· cites it 6× “She claimed the warrant was in violation of her Fourth Amendment rights because it was executed untimely, 6 days after the application, and at night, in violation of Neb. Rev. Stat. § 29-814.04 (Reissue 1989).”
State v. Peters, 622 N.W.2d 918 (Neb. 2001).
· cites it 2× “Neb. Rev. Stat. § 29-814.04 (Reissue 1995) provides in part: The warrant shall direct that it be served in the daytime unless the magistrate or judge is satisfied that the public interest requires that it should not be so restricted, in which case the warrant may direct that it…”
State v. Stott, 503 N.W.2d 822 (Neb. 1993).
· cites it 3× “Likewise, Neb. Rev. Stat. § 29-814.04 (Reissue 1989) provides, in relevant part, that “ [i] f the magistrate or judge is satisfied that probable cause exists for the issuance of a search warrant .”
Scott v. State, 782 A.2d 862 (Md. 2001).
“14 (2000) (requiring that the court determine that a nighttime search is necessary to prevent the loss, destruction, or removal of the objects of the search); Neb.Rev.Stat. § 29-814.04 (2001) (requiring a warrant to be served in the daytime unless public interest demands that it…”
State v. Harms, 449 N.W.2d 1 (Neb. 1989).
· cites it 2× “See Neb. Rev. Stat. § 29-814.04 (Reissue *892 1985).”
State v. Ramirez, 745 N.W.2d 214 (Neb. 2008).
· cites it 2× “(i) Any Time Search Neb. Rev. Stat. § 29-814.04 (Reissue 1995) provides in part that when a court issues a search warrant, “[t]he warrant shall direct that it be served in the daytime unless the magistrate or judge is satisfied that the public interest requires that *888 it…”
State v. Holman, 424 N.W.2d 627 (Neb. 1988).
· cites it 2× “” It is a simple rule of statutory construction that terms which are not specifically defined are to be taken in the sense in which they are understood in common language.”
State v. Armendariz, 449 N.W.2d 555 (Neb. 1989).
· cites it 2× “The second assignment of error involves the construction of Neb. Rev. Stat. § 29-814.04 (Reissue 1985).”
State v. Paul, 405 N.W.2d 608 (Neb. 1987).
· cites it 2× “The defendant’s argument on appeal raises a question of first impression in Nebraska, namely, What is required by Neb. Rev. Stat. § 29-814.04 (Reissue 1985) before a search warrant can direct that the search incident thereto be conducted at night? That statute states in…”
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