Nebraska Revised Statute 29-4502

Chapter 29


Terms, defined.

For purposes of sections 29-4501 to 29-4508:

(1) Custodial interrogation has the meaning prescribed to it under the Fourth and Fifth Amendments to the Constitution of the United States and Article I, sections 3 and 7, of the Constitution of Nebraska, as interpreted by the United States Supreme Court and the Nebraska Supreme Court;

(2) Electronically record means to record using an audio recording device, a digital recording device, or a video recording device;

(3) Place of detention means a police station, sheriff's office, troop headquarters, courthouse, county attorney's office, juvenile or adult correctional or holding facility, community correctional center, or building under the permanent control of law enforcement at which the person is in custody pursuant to the authority of a law enforcement officer; and

(4) Reasonable exception means circumstances in which:

(a) A statement was made when it was not practicable to electronically record the statement;

(b) Equipment to electronically record the statement could not be reasonably obtained;

(c) The person in custody refused to have the statement electronically recorded;

(d) The equipment used to electronically record the statement malfunctioned; or

(e) The law enforcement officer conducting the statement reasonably believed that the crime for which the person was taken into custody was not a crime described in subsection (2) of section 29-4503.