43-248 Temporary custody of juvenile without warrant; when. - Nebraska Statutes

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Statutes > Nebraska > Chapter43 > 43-248

43-248. Temporary custodyof juvenile without warrant; when.A peace officer may take a juvenile into temporarycustody withouta warrant or order of the court andproceed as provided in section 43-250 when:(1) A juvenile has violated a state law or municipal ordinance and the officer has reasonable groundsto believe such juvenile committed such violation;(2) Ajuvenile is seriously endangered in his or her surroundings and immediateremoval appears to be necessary for the juvenile's protection;(3) The officer believes thejuvenile to be mentally ill and dangerous as defined in section 71-908 andthat the harm described in that section is likely to occur before proceedingsmay be instituted before the juvenile court;(4) The officerhas reasonable grounds to believe that the juvenile has run awayfrom his or her parent, guardian, or custodian;(5) A probationofficer has reasonable cause to believe that a juvenile is in violation ofprobation and that the juvenile will attempt to leave the jurisdiction orplace lives or property in danger; or(6) The officer has reasonable groundsto believe the juvenile is truant from school. SourceLaws 1981, LB 346, § 4; Laws 1997, LB 622, § 64; Laws 2004, LB 1083, § 93; Laws 2010, LB800, § 14.Effective Date: July 15, 2010AnnotationsAlthough subsection (3) of this section 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 protection, the parent retains a liberty interest in the continuous custody of his or her child. In re Interest of Mainor T. & Estela T., 267 Neb. 232, 674 N.W.2d 442 (2004).When a juvenile is taken into temporary custody pursuant to subsection (5) of this section, a peace officer may conduct a search incident to temporary detention. In re Interest of Jabreco G., 12 Neb. App. 667, 683 N.W.2d 386 (2004).When a juvenile is taken into temporary custody pursuant to this section, the peace officer may conduct a search incident to temporary detention. In re Interest of Adrian B., 11 Neb. App. 656, 658 N.W.2d 722 (2003).

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-248

43-248. Temporary custodyof juvenile without warrant; when.A peace officer may take a juvenile into temporarycustody withouta warrant or order of the court andproceed as provided in section 43-250 when:(1) A juvenile has violated a state law or municipal ordinance and the officer has reasonable groundsto believe such juvenile committed such violation;(2) Ajuvenile is seriously endangered in his or her surroundings and immediateremoval appears to be necessary for the juvenile's protection;(3) The officer believes thejuvenile to be mentally ill and dangerous as defined in section 71-908 andthat the harm described in that section is likely to occur before proceedingsmay be instituted before the juvenile court;(4) The officerhas reasonable grounds to believe that the juvenile has run awayfrom his or her parent, guardian, or custodian;(5) A probationofficer has reasonable cause to believe that a juvenile is in violation ofprobation and that the juvenile will attempt to leave the jurisdiction orplace lives or property in danger; or(6) The officer has reasonable groundsto believe the juvenile is truant from school. SourceLaws 1981, LB 346, § 4; Laws 1997, LB 622, § 64; Laws 2004, LB 1083, § 93; Laws 2010, LB800, § 14.Effective Date: July 15, 2010AnnotationsAlthough subsection (3) of this section 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 protection, the parent retains a liberty interest in the continuous custody of his or her child. In re Interest of Mainor T. & Estela T., 267 Neb. 232, 674 N.W.2d 442 (2004).When a juvenile is taken into temporary custody pursuant to subsection (5) of this section, a peace officer may conduct a search incident to temporary detention. In re Interest of Jabreco G., 12 Neb. App. 667, 683 N.W.2d 386 (2004).When a juvenile is taken into temporary custody pursuant to this section, the peace officer may conduct a search incident to temporary detention. In re Interest of Adrian B., 11 Neb. App. 656, 658 N.W.2d 722 (2003).

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State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-248

43-248. Temporary custodyof juvenile without warrant; when.A peace officer may take a juvenile into temporarycustody withouta warrant or order of the court andproceed as provided in section 43-250 when:(1) A juvenile has violated a state law or municipal ordinance and the officer has reasonable groundsto believe such juvenile committed such violation;(2) Ajuvenile is seriously endangered in his or her surroundings and immediateremoval appears to be necessary for the juvenile's protection;(3) The officer believes thejuvenile to be mentally ill and dangerous as defined in section 71-908 andthat the harm described in that section is likely to occur before proceedingsmay be instituted before the juvenile court;(4) The officerhas reasonable grounds to believe that the juvenile has run awayfrom his or her parent, guardian, or custodian;(5) A probationofficer has reasonable cause to believe that a juvenile is in violation ofprobation and that the juvenile will attempt to leave the jurisdiction orplace lives or property in danger; or(6) The officer has reasonable groundsto believe the juvenile is truant from school. SourceLaws 1981, LB 346, § 4; Laws 1997, LB 622, § 64; Laws 2004, LB 1083, § 93; Laws 2010, LB800, § 14.Effective Date: July 15, 2010AnnotationsAlthough subsection (3) of this section 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 protection, the parent retains a liberty interest in the continuous custody of his or her child. In re Interest of Mainor T. & Estela T., 267 Neb. 232, 674 N.W.2d 442 (2004).When a juvenile is taken into temporary custody pursuant to subsection (5) of this section, a peace officer may conduct a search incident to temporary detention. In re Interest of Jabreco G., 12 Neb. App. 667, 683 N.W.2d 386 (2004).When a juvenile is taken into temporary custody pursuant to this section, the peace officer may conduct a search incident to temporary detention. In re Interest of Adrian B., 11 Neb. App. 656, 658 N.W.2d 722 (2003).