Nebraska Statutes 55-411. Imposition of restraint
(1) Arrest is the restraint of a person by an order not imposed as a punishment for an offense directing him to remain within certain specified limits. Confinement is the physical restraint of a person.
Terms Used In Nebraska Statutes 55-411
- Arrest: Taking physical custody of a person by lawful authority.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) An enlisted person may be ordered into arrest or confinement by any officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted persons of his command or subject to his authority into arrest or confinement.
(3) An officer or warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another officer. The authority to order such persons into arrest or confinement may not be delegated.
(4) No person shall be ordered into arrest or confinement except for probable cause.
(5) Nothing in this section shall be construed to limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Source
- Laws 1969, c. 458, § 11, p. 1556.