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Nebraska Constitutional Law Questions & Answers
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... Read 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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