Arrest Warrant Guide

Nebraska Arrest Warrants

Arrest warrants are issued when an individual has committed an offense - either felonious or misdemeanant. A judge will issue a warrant for arrest through the court. Arrest warrants in Nebraska are assigned to whomever the deputy sheriff is on duty and later rotated after being processed and issued through the court system. The process of taking these individuals into custody is the responsibility of law enforcement officers and is managed through the Chief Deputy Sheriff.

Arrest warrants are similar yet different from search warrants. Search warrants allow a certain item to be searched for in a certain place for a certain amount of time. If the search warrant does not list an item, and the item is not is plain sight, the item cannot be apprehended into police custody. These kinds of warrants will expire after a specific amount of time.

On the other hand an arrest warrant cannot be issued in order for law enforcement officers to search an area freely. Under an arrest warrant police officers do have the opportunity to forcibly enter a residence, but only when necessary. Arrests made in order to search for evidence without a warrant are called pretext arrests and are illegal. Court proceedings will help determine if a questionable arrest is in fact a pretext arrest.

Bench Warrants
A bench warrant is a form of arrest warrant that serves the court. If an individual, out on bail, does not appear at his or her assigned court date, a warrant of arrest can be issued directly from the judge's bench. When an individual does not appear at a court date, the court often views this absence as a jumping of bail.

Once the individual is taken into custody, the judge can adhere additional charges for not appearing. Bench warrants are often viewed as more severe than normal arrest warrants because the individual has already been detained by the police and is on privilege to be out of jail on bail.

When law enforcement suspects an individual with an arrest warrant to be at a specific residence, the officers are lawfully required to announce their presence and knock. This requirement can be eliminated if the officers believe they can be harmed by announcement or evidence will be destroyed.

Using force to enter a residence is legal in Nebraska under statute section 28-1414. The use of deadly force cannot be used unless the individual is a suspect of a felony offense or may cause injury to innocent bystanders. Force can also lawfully be used if the suspect has attempted escape from the residence or from police custody.

Internet databases and search engines are readily available for public use in searching for outstanding arrest warrants. Because it is possible to have a warrant of arrest without knowing, these websites can allow private searching at a low cost. Some websites offer free search options.

Nebraska has specific sections in each site that allow individuals the ability to search specifically by counties and cities. Criminal defense attorneys can also provide these services and more information at a higher cost.