29-818 Seized property; custody; pet animal or equine; additional procedures; hearing; order to pay expenses; delinquent payments; hearing; notice; appeal. - Nebraska Statutes

29-818. Seized property;custody; pet animal or equine;additional procedures; hearing; order to pay expenses; delinquent payments;hearing; notice; appeal.(1) Except for pet animals or equines as provided in subsection(2) of this section, property seized under a search warrant orvalidly seized without a warrant shall be safely kept by the officer seizingthe same unless otherwise directed by the judge or magistrate, and shall beso kept so long as necessary for the purpose of being produced as evidenceon any trial. Property seized may not be taken from the officer having itin custody by replevin or other writ so long as it is or may be required asevidence in any trial, nor may it be so taken in any event where a complainthas been filed in connection with which the property was or may be used asevidence, and the court in which such complaint was filed shall have exclusivejurisdiction for disposition of the property or funds and to determine rightstherein, including questions respecting the title, possession, control, anddisposition thereof.(2)(a) Anypet animal or equine seized under a search warrant or validly seized withouta warrant may be kept by the officer seizing the same on the property of theperson who owns, keeps, harbors, maintains, or controls such pet animal orequine.(b) When any pet animal or equine is seized or held the court shallprovide the person who owns, keeps, harbors, maintains, or controls such petanimal or equine with notice that a hearing will be had and specify the date,time, and place of such hearing. Such notice shall be served by personal orresidential service or by certified mail. If such notice cannot be servedby such methods, service may be made by publication in the county where suchpet animal or equine was seized. Such publication shall be made after applicationand order of the court. Unless otherwise determined and ordered by the court,the date of such hearing shall be no later than ten days after the seizure.(c) At thehearing, the court shall determine the disposition of the pet animal or equine,and if the court determines that any pet animal or equine shall not be returned,the court shall order the person from whom the pet animal or equine was seizedto pay all expenses for the support and maintenance of the pet animal or equine,including expenses for shelter, food, veterinary care, and board, necessitatedby the possession of the pet animal or equine. At the hearing, the court shallalso consider the person's ability to pay for the expenses of the pet animalor equine and the amount of such payments. Payments shall be for a succeedingthirty-day period with the first payment due on or before the tenth day followingthe hearing. Payments for each subsequent succeeding thirty-day period, ifany, shall be due on or before the tenth day of such period.(d) If a personbecomes delinquent in his or her payments for the expenses of the pet animalor equine, the court shall hold a hearing to determine the disposition ofthe seized pet animal or equine. Notice of such hearing shall be given tothe person who owns, keeps, harbors, maintains, or controls such pet animalor equine and to any lienholder or security interest holder of record as providedin subdivision (b) of this subsection.(e) An appeal may be entered within tendays after a hearing under subdivision (c) or (d) of this subsection. Anyperson filing an appeal shall post a bond sufficient to pay all costs of careof the pet animal or equine for thirty days. Such payment will be requiredfor each succeeding thirty-day period until the appeal is final.(f) Shouldthe person be found not guilty, all funds paid for the expenses of the petanimal or equine shall be returned to the person.(g) For purposes of thissubsection:(i) Pet animal means any domestic dog, domestic cat, mini pig, domesticrabbit, domestic ferret, domestic rodent, bird except a bird raised as anagricultural animal and specifically excluding any bird possessed under alicense issued by the State of Nebraska or the United States Fish and WildlifeService, nonlethal aquarium fish, nonlethal invertebrate, amphibian, turtle,nonvenomous snake that will not grow to more than eight feet in length atmaturity, or such other animal as may be specified and for which a permitshall be issued by an animal control authority after inspection and approval,except that any animal forbidden to be sold, owned, or possessed by federalor state law is not a pet animal; and(ii) Equine means a horse, pony, donkey,mule, hinny, or llama.(h) This section shall not preempt, and shall not be construed topreempt, any ordinance of a city of the metropolitan class. SourceLaws 1963, c. 161, § 7, p. 573; Laws 2010, LB712, § 14.Operative Date: July 15, 2010 Cross ReferencesSeizure of vehicle and component parts, see section 60-2608. AnnotationsProperty seized and held as evidence is to be safely kept by the officer seizing it unless otherwise directed by the court, and the officer is to exercise reasonable care and diligence for the safekeeping of the property. The property shall be kept so long as necessary for the purpose of being produced as evidence at trial. State v. Agee, 274 Neb. 445, 741 N.W.2d 161 (2007).The court in which a criminal charge was filed has exclusive jurisdiction to determine the rights to seized property and the property's disposition. State v. Agee, 274 Neb. 445, 741 N.W.2d 161 (2007).A police officer's failure to "safely" keep a seized vehicle can give rise to liability under the Political Subdivisions Tort Claims Act. Section 29-818 requires a police officer to exercise reasonable care and diligence for the safekeeping of property within his custody. Nash v. City of North Platte, 205 Neb. 480, 288 N.W.2d 51 (1980).The trial court's decision on the return of seized property is reviewed for an abuse of discretion. State v. Maestas, 11 Neb. App. 262, 647 N.W.2d 122 (2002).