(1) The warrant must be executed and returned within ten days after its date. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property or shall leave the copy and the receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken if they are present, or in the presence of at least one credible witness other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be verified by the officer. The judge or magistrate shall deliver a copy of the inventory upon request to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
(2) The return and inventory required by subsection (1) of this section may be submitted to the magistrate or judge in person or by facsimile or other electronic means.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1991–2023 · leading case:
State v. Groves, 477 N.W.2d 789 (Neb. 1991).
State v. Groves, 477 N.W.2d 789 (Neb. 1991).
· cites it 18× “Neb.Rev.Stat. § 29-815 (Reissue 1989) requires a warrant to be executed and returned within 10 days after its date of issuance.”
State v. Nolt, 298 Neb. 910 (Neb. 2018).
· cites it 5× “It argues that the officer’s failure to return the warrant within the time limit provided by § 29-815 was purely a ministerial defect and that such errors do not render a warrant invalid. In this instance, we agree.”
State v. Agee, 741 N.W.2d 161 (Neb. 2007).
· cites it 2× “37 See, Neb. Rev. Stat. § 29-815 (Reissue 1995); Rufu, supra note 35 .”
State v. Peters, 622 N.W.2d 918 (Neb. 2001).
· cites it 2× “*425 In executing a warrant, Neb. Rev. Stat. § 29-815 (Reissue 1995) requires that it be executed and returned within 10 days after its date.”
State v. Moore, 508 N.W.2d 305 (Neb. Ct. App. 1993).
· cites it 2× “The court rejected the defendant’s argument that the warrant was executed too late by stating that Neb. Rev. Stat. § 29-815 (Reissue 1989) requires that a warrant be executed and returned within 10 days after the date of its issuance.”
State v. Swift, 556 N.W.2d 243 (Neb. 1996).
· cites it 2× “Neb. Rev. Stat. § 29-815 (Reissue 1995) requires that a warrant “be executed and returned within ten days after its date.”
State v. Svendgard, 986 N.W.2d 88 (Neb. Ct. App. 2023).
· cites it 5× “Svendgard appeals from the order of the district court for Washington County which affirmed the order of the Washington County Court denying Svendgard’s pretrial motion to suppress evidence obtained pursuant to a search warrant executed in violation of Neb. Rev. Stat. § 29-815…”
State v. Benson (Neb. Ct. App. 2022).
· cites it 3× “Benson asserted that because the search warrant was returned 21 days after the warrant was issued, it was in violation of Neb. Rev. Stat. § 29-815 (Reissue 2016) which requires a search warrant to be returned within 10 days.”
State v. Fredrickson (Neb. Ct. App. 2020).
· cites it 2× “In his motion, counsel alleged specific statutory violations in the warrant process, specifically that “no relevant search warrants, affidavits, and inventories are on file” as required by Neb. Rev. Stat. §§ 29-815 and 29-816 (Reissue 2016).”
United States v. Feiste, 792 F. Supp. 1153 (D. Neb. 1991).
· cites it 2× “See Neb.Rev.Stat. § 29-815 (Reissue 1989).”
— Neb. Rev. Stat. § 29-815(1) — 1 case
State v. Svendgard, 986 N.W.2d 88 (Neb. Ct. App. 2023).
“Svendgard appeals from the order of the district court for Washington County which affirmed the order of the Washington County Court denying Svendgard’s pretrial motion to suppress evidence obtained pursuant to a search warrant executed in violation of Neb. Rev. Stat. § 29-815…”
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.