§ 6-1472.Probable cause affidavits, orders for arrest without warrant, and orders for identification procedures under Neb. Rev. Stat. §§ 29-3301 through 29-3307.
Article 14: Uniform County Court Rules of Practice and Procedure · Last amended January 23, 2019 · Last verified July 22, 2026
Full Text of § 6-1472
Amendment History
§ 6-1472 adopted January 23, 2019.
Plain-English Summary
A warrantless arrest still needs a judge to find probable cause, and this rule governs how that finding gets supported and recorded. Sworn testimony backing a probable cause determination must be in an affidavit, or, with the court’s consent, given verbally and recorded instead; sworn testimony supporting an order for an identification procedure must be in affidavit form under Neb. Rev. Stat. § 29-3303. An affidavit becomes public record once a criminal complaint is filed, unless the judge seals it on a party’s request or on the court’s own motion, citing specific good cause — and defense counsel, appointed or retained, is entitled to a copy on request.
Verbal sworn testimony follows the same public-access logic but with its own retention rule: the recording gets kept under Records Retention Schedule 18 for County Courts, becomes public (as a recording or transcript) upon the complaint’s filing unless the judge seals it for specific cause, and copies are available under § 6-1405 unless the record is sealed.
The judge’s resulting order — granting or addressing the probable cause finding or identification procedure — is likewise part of the public court file once issued, subject to the same sealing standard: the judge must cite specific cause, on a party’s request or on the court’s own motion, to keep it out of public view.
Frequently Asked Questions
Does a probable cause affidavit have to be written, or can it be given verbally?
It is typically in affidavit form, but with the court’s consent, the sworn testimony may instead be given verbally and recorded.
When does a probable cause affidavit become public record?
Upon the filing of a criminal complaint, unless the judge seals it on request of a party or on the court’s own motion, citing specific good cause.
Can the court seal a probable cause affidavit or the recorded testimony behind it?
Yes, if the judge cites specific good cause for sealing, whether acting on a party’s request or on the court’s own motion.
Is defense counsel entitled to a copy of the probable cause affidavit?
Yes. Appointed or retained counsel for the defendant is entitled to a copy of the affidavit, or the record of verbal sworn testimony, upon request.
How long are recordings of verbal probable cause statements kept?
They are maintained under Records Retention Schedule 18 for County Courts.