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§ 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

In one sentenceThis rule sets the form and public-access rules for sworn testimony supporting warrantless arrests and identification-procedure orders, making that testimony and the resulting judge’s orders public once a criminal complaint is filed, unless sealed for specific good cause.

Full Text of § 6-1472

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(A) Sworn testimony offered in support of judicial determinations of probable cause for persons arrested without warrant shall be in an affidavit or, with the consent of the court, submitted verbally and recorded. Sworn testimony offered in support of orders for identification procedures shall be in affidavit form pursuant to Neb. Rev. Stat. § 29-3303.
(1) Sworn testimony submitted in an affidavit shall be filed with the court and shall be public record upon the filing of a criminal complaint, unless sealed by the judge upon request of either party or on the court’s own motion, citing specific good cause for sealing the information. A copy of the probable cause affidavit or record of verbal sworn testimony shall be provided to appointed or retained legal counsel for the defendant upon request.
(2) Sworn testimony submitted verbally shall be recorded and the recordings maintained pursuant to Records Retention Schedule 18 for County Courts.
(a) The recording or a transcript of the recording shall be public record upon filing of a criminal complaint unless ordered sealed by the judge citing specific cause for protecting the information.
(b) Copies of the recording or a transcript of the recording shall be available pursuant to § 6-1405 unless the record is ordered sealed.
(B) Judge’s orders under this rule shall be part of the court file and shall be public record upon the issuance of the order, unless sealed by the judge upon request of either party or on the court’s own motion, citing specific cause for sealing the information.

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.

Source & verification. Section text and amendment history are reproduced verbatim from the Nebraska Judicial Branch, adopted by the Supreme Court of Nebraska. Last verified July 22, 2026. · Official source
Also known as: probable cause affidavit nebraska county courtwarrantless arrest affidavit public recordsealing probable cause affidavitidentification procedure order affidavitdefense counsel copy of probable cause affidavit