If a person has an arrest warrant or a bench warrant issued upon them in the state of Nebraska they are at risk of being placed in handcuffs and transported to jail. Depending on the severity of the conditions of the warrant police may, or may not, use aggressive force to apprehend the subject.
A warrant for arrest will allow police to:
- Break down entry doors
- Enter through windows
- Invade the property of the defendant
In the event that the subject of the warrant fails to allow entry to law enforcement officers, the officers will use force to gain entry to the premises if necessary.
Whether the subject is aware of the warrant or not, if they come into contact with police and the officers discover that they have an active warrant the subject will most likely be placed in restraints, detained, then taken to jail.
If you believe that you or somebody that you know has a warrant, we recommend that you do a Nebraska warrant search to know for sure so that you can take action on your own terms.
Active Outstanding Warrants in Nebraska
If a person has an active or outstanding warrant in Nebraska it means that a judge has issued a warrant against the person and the actions that have been ordered in the warrant have not been carried out.
For example, if the warrant is an order for the defendant to be arrested the warrant will remain outstanding until the person has been arrested and taken into custody.
When a warrant is issued it is written out and signed into action by a judge or a magistrate. This official document will continue to be in effect until the orders of the warrant have been executed.
Law enforcement will handle each warrant based on the orders that are stated in the document. Depending on the type of warrant, the nature of the circumstances, and the severity of the crime police will approach each subject in a manner that best suits the situation.
Types of Warrants in Nebraska
There are many types of warrants throughout the United States, and the rest of the world. Depending on the type of action that is ordered to happen by the judge the warrant can have various outcomes.
Of all of the types of warrants that are in existence, the most popular ones in Nebraska are:
- Arrest warrants
- Search warrants
- Bench warrants
Each one of these types of warrants carries a lot of weight, in its own way. Where bench warrants and arrest warrants are court orders that demand a defendant to face the court system, a search warrant demands that officers search the property of a defendant in order to obtain evidence.
Search warrants are plotted out and executed in secret so that the defendant has less of a chance to discover a search is coming and be able to hide or destroy pertinent evidence.
Since every case will be different and based on particular factors such as the type of crime, the location of the search, the name of the defendant, and other details there will be differences in the way that police handle the execution. In any event, once the warrant is active, law enforcment can act upon it immediately.
Warrant Records Search
Arrest Warrants in Nebraska
An arrest warrant gives police permission to place the defendant under arrest and bring them to jail without notice. In the state of Nebraska, a judge is not permitted to issue an arrest warrant unless they have a reason to believe that there is probable cause that suggests that the defendant was involved in a criminal offense.
In general, first, the district attorney will have already established probable cause and has officially filed charges against the defendant. Once the charges have been filed, the DA will bring the case in front of a judge and request a warrant for the arrest of the accused.
An arrest warrant gives police enough power and authority to apprehend the defendant in any means possible within the boundaries of the law.
Situations, where an arrest warrant might be issued, are:
- An investigation turned up evidence that suggests the defendant’s involvement with a crime
- A person that witnessed the defendant committing a crime makes a statement
- Law enforcement witnessed the defendant fleeing a crime scene
In the event of an arrest warrant, the police are not likely to let the defendant go home with a promise to appear. This type of warrant calls for the subject to be taken into custody and booked in the county jail for the crimes that they have been accused of.
Search Warrants in Nebraska
According to the Nebraska State Constitution, ”The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”
This statement is in line with the American Fourth Amendment to the Constitution. Although police are required to follow these laws, it is up to their own discretion of what is - or is not- considered a threat to the safety of the public.
If police are convinced that the situation is a threat to the general public, they will choose safety over the right of privacy.
A valid search warrant means that:
- Police can search the person and property of the subject of the warrant
- Police can collect and seize property relevant to the search pretense
- The subject of the warrant must comply with the order
The details of the search will be written out in the warrant, and if the authorities search in a manner that does not fit the orders of the warrant the operation can be deemed illegal.
Law enforcement has to be careful about the way they conduct searches because a smart attourney can pick the warrant apart and find loopholes that could jeopardize the entire search operatoin.
If the search is deemed illegal, all of the evidence that officers find can be thrown out of court and considered useless.
Bench Warrants in Nebraska
In the state of Nebraska when the judge issues a bench warrant, it is because a person failed to carry out the orders of the court. Where lawyers and defendants can be found in contempt of court for various reasons, a judge can also issue a warrant straight from the bench of the courtroom in order to remand a defendant into custody for failing to adhere to a condition of the court.
Some of the reasons that a judge may invoke a bench warrant could be:
- The defendant did not appear for a court date
- The defendant did not pay a fine on time
- The defendant disobeyed a condition of release
- A citizen refused to participate in jury duty
In some cases, a person can have an active bench warrant out for them and not even be aware of it. A judge does not have to notify a defendant that they have issued a warrant because they expect the person to already know that if they fail a court order, the law will come looking for them.
A bench warrant allows officers the same authority that an arrest warrant does, however, the officers can issue a ”promise to appear in court” notice to the defendant as opposed to taking them to jail.
Warrant Searches Allow Space
It is no secret that if a person has an active warrant they are at risk of being arrested at any time. Conducting regular warrant searches will allow a person some space between them and the law enforcement officers that would arrest them and take them to jail. Being aware of warrants before the police have a chance to arrest a person gives them a better chance of dealing with the warrant without having to go to jail at all.
***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.