Nebraska Statutes 29-404 serves the purpose of explaining the role of a petition in the process of warrant issue and the procedure followed for the release of these judicial instruments. The simplest definition of warrants for arrests issued in the state of Nebraska would be a court order that is directed at police officers within the county or the state or even outside that calls for the detention of the person named in the warrant.
The issue of warrants is to be based on the submission of a petition that should come from the investigating agency or be filed on behalf of the victim of a criminal act by the office of the sheriff. It is clearly stated in the statute mentioned above that all examinations filed for the purpose of procuring an active warrant should be in writing. Although witness testimony can be used in a supplementary way, this comes after the judge has had a chance to look through the facts presented in the affidavit.
The probable cause requisite has been put into place to safeguard the interest of the public and prevent law enforcement official from arresting an innocent person on the basis of suspicion alone. The judiciary has been brought into the mix to ensure that an impartial referee hears the case out before deciding on its merits.
Only when the magistrate finds that there is significant cause to believe the occurrence of a criminal incident and that the person who is to be arrested has indeed committed the said act will an arrest warrant be issued. Contrary to popular belief, the judiciary is not acting in favor of the sheriff's office when a warrant is granted. The judge is only ensuring that before the resources of the state are put to use, there is a justifiable reason to hold the alleged suspect responsible.
For the issue of an active warrant, a compliant has to be filed with the local tribunal by the cops, the prosecuting attorney or a civilian who has been somehow affected by the criminal act. However, when a civilian executes such an affidavit, he can only do so after getting the consent of the prosecuting attorney. Alternatively, the complainant will have to furnish sufficient surety, so that the person against whom the instrument is lodged is indemnified against wrongful prosecution.
In contrast to the intricate procedure that precedes the issue of an active warrant, bench warrants can be issued by the court of its own volition without any involvement of a law enforcement agency. However, when it comes to search warrants, the investigating officers have to once again file a probable cause affidavit. If a petition for a warrant has already been filed and reasonable cause has been presented in this writ; this affidavit can not only be used for requesting an arrest order but also for a search warrant. In essence, both orders can be granted on the basis of a single petition.
Finding crime history information in Nebraska can be as easy as walking into the office of the local sheriff or the clerk of court and requesting a background check. The results of such an inquiry will be limited to arrest records and conviction details. However, if the warrant search is meant to weed out people with a suspicious background, the check will certainly prove helpful.
Looking through court records can also help when trying to get information on all legal matters that your subject might be involved in. The office of the county clerk keeps the court dockets, so this will be the right place to start an inquiry that spans the gamut of civil and criminal matters initiated in the state.
Going through a law enforcement agency will help you to find a list of the area's most wanted; this can serve as a good starting point for generic crime data. On the other hand, if you would like to conduct an inquiry on a certain individual or would like a personal background report, you can: