A peace officer may take a juvenile into temporary custody without a warrant or order of the court and proceed as provided in section 43-250 when:
(1) A juvenile has violated a state law or municipal ordinance and such juvenile was eleven years of age or older at the time of the violation, and the officer has reasonable grounds to believe such juvenile committed such violation and was eleven years of age or older at the time of the violation;
(2) The officer has reasonable grounds to believe that the juvenile has run away from his or her parent, guardian, or custodian;
(3) A probation officer has reasonable cause to believe that a juvenile is in violation of probation and that the juvenile will attempt to leave the jurisdiction or place lives or property in danger;
(4) The officer has reasonable grounds to believe the juvenile is truant from school;
(5) The officer has reasonable grounds to believe the juvenile is immune from prosecution for prostitution under subsection (5) of section 28-801;
(6) A juvenile is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the juvenile's protection;
(7) A juvenile has committed an act or engaged in behavior described in subdivision (1), (2), (3)(b), or (4) of section 43-247 and such juvenile was under eleven years of age at the time of such act or behavior, and the officer has reasonable cause to believe such juvenile committed such act or engaged in such behavior and was under eleven years of age at such time; or
(8) The officer believes the juvenile to be mentally ill and dangerous as defined in section 71-908 and that the harm described in that section is likely to occur before proceedings may be instituted before the juvenile court.
Notes of Decisions
Cited in
42
cases (
9 in the last 5 years), 1985–2025 · leading case:
In Re Interest of RG, 470 N.W.2d 780 (Neb. 1991).
In Re Interest of RG, 470 N.W.2d 780 (Neb. 1991).
· cites it 8× “Neb. Rev. Stat. § 43-248 (Reissue 1988) authorizes the warrantless seizure of a juvenile “when such juvenile is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the juvenile’s protection .”
Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007).
· cites it 8× “Under Neb.Rev.Stat. § 43-248, if a law enforcement officer believes a juvenile “is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the juvenile’s protection,” there are reasonable grounds to believe he or she is a runaway, or the…”
In Re Interest of Brandy M., 550 N.W.2d 17 (Neb. 1996).
· cites it 9× “In an opinion designated for permanent publication, the Nebraska Court of Appeals reversed the juvenile court, holding § 43-271 applied only to juveniles taken into custody pursuant to Neb. Rev. Stat. §§ 43-248 , 43-250, and 43-253 (Reissue 1993), and, in any event, the Nebraska…”
Claypool v. Hibberd, 626 N.W.2d 539 (Neb. 2001).
· cites it 5× “Neb. Rev. Stat. § 43-248 (Reissue 1998) provides: A juvenile may be taken into temporary custody by any peace officer without a warrant or order of the court when: (1) A juvenile has violated a state law or municipal ordinance in the presence of the officer; (3) A juvenile is…”
State v. Angela L. (In Re Interest of Kane L.), 299 Neb. 834 (Neb. 2018).
· cites it 2× “11 Neb. Rev. Stat. § 43-248 (2) (Reissue 2016) allows the State to take a juvenile into custody without a warrant or order of the court when it appears the juvenile "is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the…”
In re Interest of Carmelo G., 296 Neb. 805 (Neb. 2017).
· cites it 4× “Neb. Rev. Stat. § 43-248 (2) (Cum. Supp. 2014) allows the State to take a juvenile into custody without a warrant or order of the court when it appears the juvenile is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the…”
State v. Adrian B., 658 N.W.2d 722 (Neb. Ct. App. 2003).
· cites it 12× “(b) Search Incident to Juvenile’s Temporary Custody Next, we consider whether the search was justified as a search incident to Officer Pucket’s taking temporary custody of Adrian pursuant to Neb. Rev. Stat. § 43-248 (5) (Reissue 1998).”
In Re Interest of Joshua, 558 N.W.2d 548 (Neb. 1997).
· cites it 4× “As the Court of Appeals correctly held, the provision in § 43-254 that Lona refers to by its own terms only applies when a juvenile is taken into temporary custody without a court order under the authority of Neb. Rev. Stat. § 43-248 (3) (Reissue 1993).”
In Re Interest of Mainor T., 674 N.W.2d 442 (Neb. 2004).
· cites it 2× “Neb. Rev. Stat. § 43-248 (3) (Reissue 1998) allows the State to take a juvenile into custody without a warrant or order of the court when it appears the juvenile “is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the juvenile’s…”
In re Interest of A.A., 307 Neb. 817 (Neb. 2020).
· cites it 3× “The order described that pur- suant to Neb. Rev. Stat. § 43-248 (2) (Cum. Supp. 2018), the “above-named juveniles’ needs require that they be taken into emergency custody and placed with [DHHS].”
In Re Interest of Stephanie H., 639 N.W.2d 668 (Neb. Ct. App. 2002).
· cites it 2× “See Neb. Rev. Stat. § 43-248 (Reissue 1998). The grounds for an ex parte detention order from the juvenile court are to be contained in an affidavit of one having knowledge of the relevant facts to be presented to the juvenile court and made a part *919 of the record of the…”
In re Interest of Draygon W., 31 Neb. Ct. App. 400 (Neb. Ct. App. 2022).
· cites it 4× “Although Neb. Rev. Stat. § 43-248 (2) (Reissue 2016) allows the State to take a juvenile into custody without - 401 - Nebraska Court of Appeals Advance Sheets 31 Nebraska Appellate Reports IN RE INTEREST OF DRAYGON W.”
— Neb. Rev. Stat. § 43-248(1) — 1 case
Claypool v. Hibberd, 626 N.W.2d 539 (Neb. 2001).
“Neb. Rev. Stat. § 43-248 (Reissue 1998) provides: A juvenile may be taken into temporary custody by any peace officer without a warrant or order of the court when: (1) A juvenile has violated a state law or municipal ordinance in the presence of the officer; (3) A juvenile is…”
— Neb. Rev. Stat. § 43-248(3) — 2 cases
Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007).
“Under Neb.Rev.Stat. § 43-248, if a law enforcement officer believes a juvenile “is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the juvenile’s protection,” there are reasonable grounds to believe he or she is a runaway, or the…”
In Re Interest of RG, 470 N.W.2d 780 (Neb. 1991).
“Neb. Rev. Stat. § 43-248 (Reissue 1988) authorizes the warrantless seizure of a juvenile “when such juvenile is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the juvenile’s protection .”
— Neb. Rev. Stat. § 43-248(5) — 3 cases
Carson P. ex rel Foreman v. Heineman, 240 F.R.D. 456 (D. Neb. 2007).
“Under Neb.Rev.Stat. § 43-248, if a law enforcement officer believes a juvenile “is seriously endangered in his or her surroundings and immediate removal appears to be necessary for the juvenile’s protection,” there are reasonable grounds to believe he or she is a runaway, or the…”
State v. Adrian B., 658 N.W.2d 722 (Neb. Ct. App. 2003).
“(b) Search Incident to Juvenile’s Temporary Custody Next, we consider whether the search was justified as a search incident to Officer Pucket’s taking temporary custody of Adrian pursuant to Neb. Rev. Stat. § 43-248 (5) (Reissue 1998).”
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