Nebraska

(information last updated Fall 2017)

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  “A person commits . . . criminal trespass if . . . he or she enters or remains in any place as to which notice against trespass is given by . . . [a]ctual communication[,] . . . [p]osting[,] . . . or . . . [f]encing or other enclosure.”  Neb. Rev. Stat. § 28-521.

Other Provisions:

Trespass against a “public power infrastructure facility” carries a heightened penalty.  Neb. Rev. Stat. § 28-520.  “[P]ublic power infrastructure facility means a power plant, electrical station or substation, or any other facility which is used by a public power supplier . . . to support the generation, transmission, or distribution of electricity and which is surrounded by a fence or is otherwise enclosed.”  Id.

Stalking Laws:

Criminal Law:

“Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.”  Neb. Rev. Stat. § 28-311.03.

Civil Law:

“A person against whom a violation of section 28-111 has been committed may bring a civil action for equitable relief, general and special damages, reasonable attorney's fees, and costs.”  Neb. Rev. Stat. § 28-113.

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “there is good ground for the filing of the pleading.”  Neb. Rev. Stat. § 25-824.

Authentication or Chain of Custody:

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  Neb. Rev. Stat. § 27-901.

Expert Testimony:

Daubert standard.  See Carlson v. Okerstrom, 675 N.W.2d 89, 106 (Neb. 2004); Schafersman v. Agland Coop., 631 N.W.2d 862, 867 (Neb. 2001).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.