A peace officer may stop any person in a public place whom he reasonably suspects of committing, who has committed, or who is about to commit a crime and may demand of him his name, address and an explanation of his actions. When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects he is in danger of life or limb, he may search such person for a dangerous weapon. If the peace officer finds such a weapon or any other thing the possession of which may constitute a crime, he may take and keep it until the completion of questioning, at which time he shall either return it, if lawfully possessed, or arrest such person. For purposes of this section, peace officer shall include credentialed conservation officers of the Game and Parks Commission.
Notes of Decisions
State v. Van Ackeren, 495 N.W.2d 630 (Neb. 1993).
· cites it 5× “Investigative stops are statutorily authorized in Nebraska under Neb. Rev. Stat. § 29-829 (Reissue 1989), which states in part: A peace officer may stop any person in a public place whom he reasonably suspects of committing, who has committed, or who is about to commit a crime…”
State v. Tingle, 477 N.W.2d 544 (Neb. 1991).
· cites it 6× “Finally, specific statutory reliance for the stop was made on Neb.Rev.Stat. § 29-829 (Reissue 1989), which provides in part: A peace officer may stop any person in a public place whom he reasonably suspects of committing, who has committed, or who is about to commit a crime and…”
State v. Pierce, 340 N.W.2d 122 (Neb. 1983).
· cites it 4× “Thomason also testified that he observed appellants for approximately 15 minutes before making his initial investigation. On the basis of these facts we conclude that the activities of the officers prior to the actual arrest of the appellants were based upon a suspicion of…”
State v. Booth, 276 N.W.2d 673 (Neb. 1979).
· cites it 4× “Section 29-829, R.R.S.1943, authorizes a peace officer to stop "any person in a public place whom he reasonably suspects of committing, who has committed, or who is about to commit a crime and may demand of him his name, address and an explanation of his actions.”
State v. Brewer, 212 N.W.2d 90 (Neb. 1973).
· cites it 4× “2d 612 ; and under the provisions of section 29-829, R. S. Supp., 1972. In Adams v.”
State v. Nowicki, 309 N.W.2d 89 (Neb. 1981).
· cites it 3× “Defendant's primary contention is that the police did not have probable cause to arrest him as there was no evidence that the vehicle was violating any traffic regulations, or that the defendant was engaged in any other criminal activities. It would appear from the record that…”
State v. Bridge, 452 N.W.2d 542 (Neb. 1990).
· cites it 4× “The defendant contends that Appleby's investigatory stop was unconstitutional and that his motion to suppress the results of his urine test should have been sustained.”
State v. Longa, 318 N.W.2d 733 (Neb. 1982).
· cites it 3× “Neb. Rev. Stat. § 29-829 (Reissue 1979) permits officers to make stops short of an arrest in order to determine the name and address of the person stopped, and receive an explanation of that person’s actions.”
State v. Ege, 420 N.W.2d 305 (Neb. 1988).
· cites it 2× “2d 904 (1981); Neb. Rev. Stat. § 29-829 (Reissue 1985). An investigatory stop must be justified by an objective manifestation, based upon the totality of the circumstances, that the person stopped has been, is, or is about to be engaged in criminal activity.”
State v. Ebberson, 305 N.W.2d 904 (Neb. 1981).
· cites it 2× “” Neb. Rev. Stat. § 29-829 (Reissue 1979). This court has essentially interpreted the scope of the statute to be coextensive with the requirements of the fourth amendment.”
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