Nebraska Statutes 60-2608. Peace officer; seize vehicle or major component part; when; disposition
(1) Any peace officer shall seize and take possession of any vehicle or any major component part, as defined in section 60-2601, of a vehicle which the officer has probable cause to believe is stolen, or on which the identification number has been obscured, covered, removed, altered, or destroyed.
Terms Used In Nebraska Statutes 60-2608
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Peace officer shall: include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) Property seized pursuant to this section shall not be subject to a replevin action and:
(a) Shall be kept by the law enforcement agency which employs the officer who seized such property, or by its designee, for so long as it is needed as evidence in any trial; and
(b) When no longer required as evidence, such property shall be disposed of pursuant to sections 29-818 to 29-821.
(3) Property seized pursuant to this section solely on account of an obscured identification number may be restored to the owner or his or her designee without court order unless such property is required as evidence in a criminal action pending or contemplated in this or another jurisdiction.