State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter86 > 86-271

86-271. Definitions, where found.For purposes of sections 86-271 to 86-2,115, unless the context otherwise requires, the definitions found in sections 86-272 to 86-289 apply. SourceLaws 1969, c. 854, § 1, p. 3210; Laws 1984, LB 625, § 1; Laws 1988, LB 899, § 1; R.S.1943, (1999), § 86-701; Laws 2002, LB 1105, § 133. AnnotationsThe Nebraska Supreme Court looks to federal law in interpreting the provisions of Nebraska's intercepted communications statutes, sections 86-701 through 86-712 (recodified in 2002 as sections 86-271 to 86-2,115). The test for issuance of a wiretap order under the provisions of Nebraska's intercepted communications statutes is whether the sworn information before the court is of sufficient apparent reliability to justify a finding that there is probable cause to believe that an offense cognizable under said statutes has been or is being committed. State v. Hinton, 226 Neb. 787, 415 N.W.2d 138 (1987).Conversations in which one party has consented to the recording of the conversation are not oral communications within the meaning of communication interception statutes (recodified in 2002 as sections 86-271 to 86-2,115). State v. Manchester, 220 Neb. 41, 367 N.W.2d 733 (1985).Evidence of telephone conversations obtained by wiretaps in violation of this article (recodified in 2002 as sections 86-271 to 86-2,115) are inadmissible in evidence if timely objection is made. White v. Longo, 190 Neb. 703, 212 N.W.2d 84 (1973).