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Nebraska Warrant Search
Different circumstances can prompt a judge or magistrate to issue a warrant in Nebraska. These include failing to appear for a court hearing, noncompliance with a court order, or an ongoing criminal investigation.
A warrant is a writ of permission issued by an authorized officer to a law enforcement agent, granting them the authority to carry out actions that would otherwise be considered illegal. Warrants typically include the subject's name and physical characteristics, the issue date and time, warrant number, warrant type, executing agency, arrest location or site, and offense (e.g., probation violation).
When conducting a Nebraska warrant search, individuals can expect to find information about outstanding or active warrants within the state. Generally, researchers have multiple search options, including accessing warrant databases maintained by local law enforcement and perusing Nebraska criminal court case records provided by the Judicial Branch of Nebraska. Furthermore, individuals can utilize third-party services to uncover warrant information.
Are Warrants Public Records in Nebraska?
Yes. Under the Nebraska Public Records Act, most warrants are accessible to the public, except for search warrants. Per Neb. Rev. Stat. § 29-817, a search warrant becomes a public record after execution. Any disclosure of the warrant by any party before its issuance constitutes a misdemeanor under the law.
Admittedly, some warrants may be inaccessible if sealed or confidential by law or court order or deemed integral to an ongoing investigation.
Types of Warrants in Nebraska
Nebraska's court system issues different types of warrants. Below are some common types.
Arrest warrant: An arrest warrant grants law enforcement authorities the legal right to capture and detain an individual suspected of a crime. This legal instrument serves as a means to ensure that individuals who partake or become involved in crimes answer for their actions.
Search warrant: A writ issued to locate something or someone connected to a crime. This warrant allows law enforcement to search a premises, person, or item for criminal evidence.
Bench Warrant: A legal directive to apprehend an individual who failed to appear for a scheduled hearing or fulfill a court-ordered obligation. Such obligation may include the payment of a fine, completion of a specified service or program, or compliance with the terms of probation. The warrant may be issued for a criminal or civil case.
What is a Search Warrant in Nebraska?
A search warrant is a written directive from a magistrate or judge instructing a law enforcement officer to thoroughly search a person or specific location for evidence of criminal activity. The warrant also permits seizures of criminal evidence.
Per the Neb. Rev. Stat. § 29-813, a search warrant may be issued based on the following grounds:
- When property was stolen, embezzled, or acquired illegally
- When property was used to commit a crime or serves as evidence that a crime was committed.
- When a property's intended or current use violates or has violated state laws.
Under the U.S. Fourth Amendment and the Nebraska Constitution, probable cause must be established before a court can authorize a search warrant in Nebraska. A peace officer must submit an affidavit in writing or orally to the court, justifying the need to search a person or location. The court only issues the search warrant after certifying reasonable grounds exist.
According to Neb. Rev. Stat. § 29-815, a search warrant must be executed and returned to the court within 10 days of issuance. Otherwise, it becomes invalid. Nebraska search warrants are typically executed between 7:00 a.m. and 8:00 p.m. unless a judge or magistrate approves a nighttime search (Neb. Rev. Stat. § 29-814.04). This ensures that search activities are conducted within established legal boundaries and respect individual rights.
In Nebraska, search warrants cannot be issued to search premises or an offenders address or confiscate materials possessed by individuals engaged in journalistic activities unless probable cause exists to indicate their involvement in criminal conduct.
How Long Does It Take to Get a Search Warrant?
There is no stipulated time frame for securing a search warrant in Nebraska. Generally, the timeline differs based on how soon the requesting officer can present convincing facts to a judge or magistrate. Once probable cause is found, the court issues the search warrant.
What is an Arrest Warrant in Nebraska?
Arrest warrants are official documents that authorize the arrest and detention of an individual suspected of committing a crime. Per Neb. Rev. Stat. § 29-404, arrest warrants are typically issued after a complaint is filed with the court, asserting that an individual violated state law. No court seal is necessary to validate an arrest warrant in Nebraska.
A Nebraska arrest warrant typically carries the name and description of the alleged offender (their age, race and birthdate), the issuing judge and court, the issue date, and crime details. The law mandates each arresting peace officer to promptly bring anyone arrested under a warrant in Nebraska to the court.
Besides a sudden or targeted arrest, a subject's voluntary surrender can resolve a Nebraska arrest warrant. If neither event occurs, the warrant will remain outstanding.
While obtaining a warrant is the standard procedure for making an arrest in Nebraska, law enforcement can arrest a person without a warrant if convinced a crime occurred and the potential arrestee committed it (Neb. Rev. Stat. § 29-404.03). When an arrest is made without a warrant, the officer must provide the court with an affidavit containing a brief explanation of the basis for the arrest. Subsequently, the judge will review the affidavit and, if no probable cause exists, release the arrestee. This process ensures that arrests are made in accordance with the law and provides legal recourse if an arrest is challenged.
Arrest Warrant Lookup in Nebraska
Individuals may request Nebraska arrest warrant records for diverse reasons, including background checks. Although the state has no centralized warrant check databases, local authorities provide warrant resources to the public.
A law enforcement agency in the county where an arrest occurred or a court case is open is the first place to check for active warrants in Nebraska. As the executing bodies for warrants, many sheriff's offices and police departments maintain online databases that individuals can access—most frequently with a last and first name. For example, individuals can find outstanding arrest warrants in the City of Omaha on the Omaha Police Department's website. Meanwhile, the Hall County and Sarpy County sheriff's departments maintain active warrant databases for curious parties.
Another place to look up arrest warrants in Nebraska is the courthouse. For a statewide search, individuals can access the state judicial branch's Case Information portal. One may also reach out to the clerk of the presiding court or visit the courthouse in person to utilize the public access computers for warrant checks. Arrest records also contain associated executed warrants. However, warrants and arrest records may not be used to determine the arrestee's guilt or proof of criminal involvement.
How to Find Out If You Have a Warrant in Nebraska
Individuals can find out if any warrant was issued in their name by contacting a courthouse (where a case was filed) or a local police agency. These custodians provide warrant information online, in person, or via telephone.
Online access is typically more convenient, as individuals do not need to physically visit an office location for warrant inquiries, which carries the risk of arrest. However, online information may not always be accurate, and one may still need to contact or visit a courthouse or police station to verify that a warrant exists. In-person visitors must usually produce a government-issued ID.
Finally, for a non-refundable fee of $15.05, individuals may request their RAP sheet, which might bear warrant information.
People subject to an active or outstanding warrant are advised to consult an experienced attorney who can explain the resultant legal process.
Free Warrant Search in Nebraska
Generally, the sheriff's offices, police departments, and courthouses in Nebraska do not impose charges for inspecting warrant records unless copies are requested. As such, one may conduct a free warrant search in Nebraska by visiting the courthouse where a case was filed or a local police department. Also, they may access free warrant search portals maintained by these agencies.
How to Find Out If Someone Has A Warrant Online
Law enforcement agencies and the state court system offer online databases to assist interested members of the public in determining if an individual has a warrant under their name. While most offices provide a name-based search, some may require additional parameters for the search process.
Alternatively, individuals can utilize independent websites for an online warrant search. Some websites may provide basic information at no cost, but others may require a subscription plan or payment per search to access warrant records. Third-party sites offer the advantage of a comprehensive search with user-friendly search functionalities.
How Long Do Warrants Last in Nebraska?
Most warrants do not have an expiration date in Nebraska. Once a warrant is issued, it retains its validity and enforceability until a legal resolution is achieved. This means that the individual named in the warrant must either be arrested and brought before the court, surrender to the authorities, or fulfill the obligations outlined in the warrant. However, search warrants remain valid for 10 days from the date of issuance in Nebraska.