29-4705 – Jailhouse informant receiving leniency; notice to victim.
29-4705. Jailhouse informant receiving leniency; notice to victim. If a jailhouse informant receives leniency related to a pending charge, a conviction, or a sentence for a crime against a victim as defined in section 29-119, in connection with offering or providing testimony against a suspect or defendant, the prosecutor shall notify such victim. Prior to […]
29-4706 – Court orders authorized.
29-4706. Court orders authorized. If, at any time during the course of the proceedings, it is brought to the attention of the court that the prosecutor has failed to comply with section 29-4704, or an order issued pursuant to this section, the court may: (1) Order the prosecutor to disclose materials not previously disclosed; (2) […]
29-4503 – Electronic recordation of statements and waiver of rights required; when.
29-4503. Electronic recordation of statements and waiver of rights required; when. (1) All statements relating to crimes described in subsection (2) of this section and statements regarding rights described in section 29-4501 or the waiver of such rights made during a custodial interrogation at a place of detention that are described in subsection (2) of […]
29-4703 – Prosecutor’s office; duties.
29-4703. Prosecutor’s office; duties. Each prosecutor’s office shall undertake measures to maintain a searchable record of: (1) Each case in which: (a) Trial testimony is offered or provided by a jailhouse informant against a suspect’s or defendant’s interest; or (b) A statement from a jailhouse informant against a suspect’s or defendant’s interest is used and […]
29-4504 – Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction.
29-4504. Law enforcement officer; failure to comply with electronic recordation requirement; jury instruction. Except as otherwise provided in sections 29-4505 to 29-4507, if a law enforcement officer fails to comply with section 29-4503, a court shall instruct the jury that they may draw an adverse inference for the law enforcement officer’s failure to comply with […]
29-4704 – Disclosures required; deadline; redaction of information; prosecutor; duties.
29-4704. Disclosures required; deadline; redaction of information; prosecutor; duties. (1) Except as provided in subsection (3) of this section, if a prosecutor intends to use the testimony or statement of a jailhouse informant at a defendant’s trial, the prosecutor shall disclose to the defense: (a) The known criminal history of the jailhouse informant; (b) Any […]
29-4505 – Defendant; testimony contrary to statement; use of statement authorized.
29-4505. Defendant; testimony contrary to statement; use of statement authorized. (1) If a defendant testifies contrary to his or her statement made during a custodial interrogation at a place of detention which was not electronically recorded, such statement may be used for the purpose of impeachment if it is shown that the statement was freely, […]
29-4506 – Law enforcement officer; failure to comply with electronic recordation requirement; admissibility of evidence.
29-4506. Law enforcement officer; failure to comply with electronic recordation requirement; admissibility of evidence. If a law enforcement officer fails to comply with section 29-4503, such failure shall not bar the use of any evidence derived from such statement if the court determines that the evidence is otherwise admissible. Source Laws 2008, LB179, § 6.
29-4507 – Statement obtained out-of-state or by federal law enforcement officer; admissible; when.
29-4507. Statement obtained out-of-state or by federal law enforcement officer; admissible; when. Any statement made during a custodial interrogation shall be admissible against such person in a criminal proceeding in this state if: (1) The statement was obtained in another state and was obtained in compliance with the laws of that state; or (2) The […]
29-4508 – Inaudible portions; how treated.
29-4508. Inaudible portions; how treated. The existence of inaudible portions of an electronic recording, which are not the result of bad faith by a law enforcement officer to produce an inaudible result, standing alone, shall not render a statement out of compliance with section 29-4503. Source Laws 2008, LB179, § 8.