§ 32-1550 — Arrest; grounds

(1) Any peace officer having grounds for issuing a citation under the Election Act may take the accused into custody when the accused fails to identify himself or herself satisfactorily or refuses to sign the citation or when the officer has reasonable grounds to believe that (a) the accused will refuse to respond to the citation, (b) such custody is necessary to protect the accused or others when his or her continued liberty would constitute a risk of immediate harm, (c) such action is necessary in order to carry out legitimate investigative functions, (d) the accused has no ties to the jurisdiction reasonably sufficient to assure his or her appearance, or (e) the accused has previously failed to appear in response to a citation.
(2) Notwithstanding that a citation is issued, a peace officer is authorized to take a cited person to an appropriate medical facility if the person appears mentally or physically unable to care for himself or herself.
(3) Nothing in this section or section 32-1549 shall be construed to affect the rights, lawful procedures, or responsibilities of peace officers using the citation procedure in lieu of the arrest or warrant procedure.

Legislative History

Source: Laws 1994, LB 76, § 449.