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Nebraska Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
James L. Arrasmith
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answered on May 19, 2024

If your weapons were seized during a raid on your friend's safe, the county attorney's office has a responsibility to follow proper legal procedures. They cannot ignore you or destroy your property without due process. You have the right to be notified and to challenge the seizure.... View More

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2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Nebraska on
Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my
Julie Fowler
Julie Fowler
answered on May 23, 2024

It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Nebraska on
Q: Is it legal for my employer to use artificial intelligence in the drive cam and have the camera pointing at me ?

Yes I am a professional truck driver for the world's largest food distributor and we have had drive cams since about 2014 and on April 1st they activated a new feature called AI artificial intelligence in other words and now this thing is studying my every movement and if I move my head the... View More

James L. Arrasmith
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answered on Apr 10, 2024

The legality of using AI-enabled cameras to monitor employees in the workplace is a complex issue that depends on various factors, such as the specific laws in your jurisdiction, the nature of your work, and the policies of your employer. However, here are some general points to consider:... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Nebraska on
Q: In Nebraska, can a plea of no contest be withdrawn after being accepted?Defendant has a capias misrepresented by counsel

filed motion to supress evidence also stating rights were violated officer did not show twice def's co defendant had already took accountability and responsibility for all charges. Judge was reading constitutional responsibilities. "Did you willingly and knowingly Commit this crime."... View More

James L. Arrasmith
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answered on Apr 3, 2024

In Nebraska, a plea of no contest (also known as a nolo contendere plea) can be withdrawn after being accepted, but it is subject to the court's discretion and certain conditions. Here are a few key points to consider:

1. Plea withdrawal: A defendant may file a motion to withdraw their...
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1 Answer | Asked in Constitutional Law and Civil Litigation for Nebraska on
Q: Can a munipality legally engage in a civil lawsuit against a church ?

The city attorney for the city of north platte has pursued a lawsuit against a church to the point of obtaining a court order to demolish the church owned building due to surface damage to the church done by vandals removing siding and poking holes in the material under the siding. The church... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is possible for a municipality to engage in a civil lawsuit against a church, just as it is possible for any entity to engage in a civil lawsuit against another entity. However, whether the municipality's actions are legal and appropriate would depend on the specific facts and circumstances... View More

1 Answer | Asked in Traffic Tickets and Constitutional Law for Nebraska on
Q: Can law enforcement legally confiscate my camera at a traffic stop?

I was cited for willful reckless driving for speeding on my motorcycle in Nebraska. I have a 360 camera attached to my bike to record rides. The deputy said he was officially confiscating my camera so I handed it over. Did he violate my rights?

James L. Arrasmith
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answered on Jun 10, 2024

Law enforcement officers can sometimes confiscate items if they believe the items are evidence of a crime. In your case, the deputy may have believed that the footage on your 360 camera could be used as evidence related to the reckless driving citation. However, this does not mean that your rights... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for Nebraska on
Q: The cops believe I was involved in the burglaries my ex committed but I was never questioned and now I’m being targeted

Ex convicted of 64 felony burglaries in2014. I had no knowledge but have been told the cops know exactly who I am and know all about me. They want me to leave town again and I can’t afford to. Never questioned or informed of why they think I was involved and they won’t give me a reason. I’m... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about the difficulties you're facing. The first step you should take is to consult with a defense attorney who can help you understand your legal rights and protect you from further harassment. An attorney can communicate with the authorities on your behalf and seek... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on
Q: Question about constitutional rights in criminal cases, that have more then one defendant

If offered a plea deal agreement to not testify on another criminal case on either the defendant or the states behalf, but can’t take the deal until the other defendants case is over, is it against constitutional rights of other defendant if they can’t call in that witness

Julie Fowler
Julie Fowler
answered on Apr 6, 2022

The defendant can still call the witness as part of that defendant's constitutional rights to call witnesses. However, even if the witness is called, if the witness is a potential co-defendant, they may not have to actually say anything if the 5th amendment right against self-incrimination... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Nebraska on
Q: So in this case, should the co defendant be able to suppress evidence also?
Julie Fowler
Julie Fowler
answered on Aug 27, 2020

There are times when a motion to suppress is valid and is granted for one defendant but doesn't apply to a co-defendant. It depends on the overall facts.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on
Q: How can I get the property the police listed as in "safekeeping" while I am still going to court on the charges.

The warrant was for drugs. The place of the search was a house, all outbuildings at the address, and vehicles under the control of my co-defendant. My name was not listed on the warrant and I was staying in a camper behind the house. When the police came I exited the camper and said they could not... View More

Julie Fowler
Julie Fowler
answered on Aug 21, 2019

Evidence can generally be kept by law enforcement until the time of sentencing even if the property belongs to other than the defendant.

If a motion to suppress has already been heard and denied, then a subsequent motion to suppress regarding the same issue/evidence is more often a motion...
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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on
Q: Should I request criminal prosecution be transferred to Federal from State District Court. A s1983 civil rights remedy?

I believe the Arrest was unlawful. I am 25% Eskimo. Not a NE citizenship. I was traveling to Indiana.

Gary Kollin
Gary Kollin
answered on Jul 15, 2019

You need to retain an attorney before doing anything. A criminal defendant does not have the right to demand a change from state to federal court.

Civil suit under 1983 is a different legal action

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1 Answer | Asked in Constitutional Law and Criminal Law for Nebraska on
Q: I was arrested driving A uhaul the police would not release the property to my fiance claimed it was seized for 10 to 30

After investigation they won't release my property until all storage fees and impound fees are paid over $2000 Am I legally responsible for fees when they would not allow me to get it out of impound

Julie Fowler
Julie Fowler
answered on Jun 10, 2019

The law generally allows for impound fees to be required to be paid before releasing seized property.

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Nebraska on
Q: Can my fiance move out of her parents house at 17 and live with me if we move out of state?

Without parental consent?

Brendan Michael Kelly
Brendan Michael Kelly
answered on Nov 5, 2018

No. She is considered a child until age 19 or her marriage.

1 Answer | Asked in Constitutional Law for Nebraska on
Q: Have you ever heard of a case called "Gierke v. Boltzer" entered in 1989?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

I might have, but I have heard of so many cases.

1 Answer | Asked in Constitutional Law for Nebraska on
Q: Is a provision in a statute/constitution previously judicially interpreted presumed valid following amendment?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

What was the interpretation? What are you talking about? If there is an amendment to a statute an interpretation of a previous statute may no longer be valid, depending upon the effect of the amendment.

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