Ongoing Projects:

State Project(s):

The University of Nebraska-Lincoln is partnering with the Nebraska Department of Roads and the Nebraska Game and Parks Commission as part of the Nebraska Canid Project to enlist volunteers to install trail cameras in areas of suitable swift fox habitat. Citizen Science, U. of Nebraska-Lincoln Inst. of Agric. & Nat. Resources, https://swiftfox.unl.edu/citizen-science (last visited Feb. 7, 2019). The project is also researching how engagement in citizen science efforts affects a person’s attitudes and knowledge of resource conservation.  See id.

Collection of Information: 

Scientific and Education Permit:

Permits to take wildlife for research and educational purposes may only be issued by the Game and Parks Commission to qualified individuals. See Neb. Rev. Stat. § 37-418; 163 Neb. Admin. Code Ch. 4, 001.07; Scientific and Education Permit, Neb. Game & Parks Commission, https://apps.outdoornebraska.gov/sep (last visited Feb. 7, 2019).

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  “A person commits second degree criminal trespass if knowing that he or she is not licensed or privileged to do so . . . 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(1).

Other Provisions:

See infra “Critical Infrastructure Laws.”

Drone Laws:

State Parks:

Drone use is not permitted in state parks without a special permit. See 163 Neb. Admin. Code Ch. 5, 001.02A; see also Jerry Kane, Drone Operators Advised to Know and Abide by Wildlife, Park Rules, NEBRASKAland (Mar. 22, 2018), http://magazine.outdoornebraska.gov/2018/03/drone-operators-advised-to-know-and-abide-by-wildlife-park-rules/ (published by the Nebraska Game and Parks Commission).

Critical Infrastructure Laws:

Trespass:

Trespass of public power infrastructure facilities carries a greater penalty and has no notice requirement: “A person commits first degree criminal trespass if . . . he or she enters or secretly remains in. . . a public power infrastructure facility knowing that he or she does not have [] consent.”  Neb. Rev. Stat. § 28-520(1). 

“[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. § 28-520(3).

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 [includes stalking] 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(1).

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(1).

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(1).

Expert Testimony:

Nebraska Rule of Evidence 702 and Daubert standard.  See Carlson v. Okerstrom, 675 N.W.2d 89, 103-06 (Neb. 2004); Schafersman v. Agland Coop., 631 N.W.2d 862, 871-77 (Neb. 2001).