Neb. Rev. Stat. » Chapter 43
Nebraska Revised Statutes

Neb. Rev. Stat. § 43-249 (2026)

Temporary custody; not an arrest; exception

✓ current as of July 2026
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No juvenile taken into temporary custody under section 43-248 shall be considered to have been arrested, except for the purpose of determining the validity of such custody under the Constitution of Nebraska or the United States.

Notes of Decisions
Cited in 4 cases, 2001–2019 · leading case: Claypool v. Hibberd, 626 N.W.2d 539 (Neb. 2001).
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Claypool v. Hibberd, 626 N.W.2d 539 (Neb. 2001). · cites it 3× “” Neb. Rev. Stat. § 43-249 (Reissue 1998) states that “[n]o juvenile taken into temporary custody under section 43-248 shall be considered to have been arrested .”
State v. Adrian B., 658 N.W.2d 722 (Neb. Ct. App. 2003). · cites it 2× “” Neb. Rev. Stat. § 43-249 (Reissue 1998). Other courts have considered whether a search incident to temporary detention may be performed on juveniles who are “in custody” but have not been arrested.”
In Re Interest of Jabreco G., 683 N.W.2d 386 (Neb. Ct. App. 2004). · cites it 2× “” Neb. Rev. Stat. § 43-249 (Reissue 1998). In In re Interest of Adrian B.”
In re Interest of Parker B. (Neb. Ct. App. 2019). “In her brief, Nichole concedes that “Parker was out of home for a period of time that exceeded the 15 month trigger of [§ 43-249(7)].” Brief for appellant at 10.”
— Neb. Rev. Stat. § 43-249(7) — 1 case
In re Interest of Parker B. (Neb. Ct. App. 2019). “In her brief, Nichole concedes that “Parker was out of home for a period of time that exceeded the 15 month trigger of [§ 43-249(7)].” Brief for appellant at 10.”
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