(A) Every city law enforcement officer has the power and authority to enforce the laws of the state and the city or otherwise perform the functions of that office anywhere within his or her primary jurisdiction. Primary jurisdiction means the geographic area within territorial limits of the city.
(B) Any city law enforcement officer who is within this state, but beyond his or her primary jurisdiction, has the power and authority to enforce the laws of this state or any legal ordinance of any city or incorporated village or otherwise perform the functions of his or her office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within his or her primary jurisdiction in the following cases:
(1) Any city law enforcement officer, if in a fresh attempt to apprehend a person suspected of committing a felony, may follow the person into any other jurisdiction in this state and there arrest and detain the person and return the person to the officer’s primary jurisdiction;
(2) Any city law enforcement officer, if in a fresh attempt to apprehend a person suspected of committing a misdemeanor or a traffic infraction, may follow the person anywhere in an area within 25 miles of the boundaries of the officer’s primary jurisdiction and there arrest and detain the person and return the person to the officer’s primary jurisdiction;
(3) Any city law enforcement officer has such enforcement and arrest and detention authority when responding to a call in which a local, state or federal law enforcement officer is in need of assistance. A law enforcement officer in need of assistance shall mean:
(a) A law enforcement officer whose life is in danger; or
(b) A law enforcement officer who needs assistance in making an arrest and the suspect:
1. Will not be apprehended unless immediately arrested;
2. May cause injury to himself or herself or others or damage to property unless
immediately arrested; or
3. May destroy or conceal evidence of the commission of a crime; and
(4) If the city, under the provisions of the Interlocal Cooperation Act or the Joint Public Agency Act, enters into a contract with any other city or county for law enforcement services or joint law enforcement services, law enforcement personnel may have the enforcement authority within the jurisdiction of each of the participating political subdivisions if provided for in the agreement. Unless otherwise provided in the agreement, the city shall provide liability insurance coverage for its own law enforcement personnel as provided in Neb. RS 13-1802.
(C) When probable cause exists to believe that a person is operating or in the actual physical control of any motor vehicle, motorboat or aircraft while under the influence of alcoholic liquor or of any drug or otherwise in violation of Neb. RS 28-1465, 28-1466, 28-1472, 37-1254.01, 37-1254.02, 60-4,163, 60-4,164, 60-6,196, 60-6,197, 60-6,211.01 or 60-6,211.02, a city law enforcement officer has the power and authority to do any of the following or any combination thereof:
(1) Transport the person to a facility outside of the law enforcement officer’s primary jurisdiction for appropriate chemical testing of the person;
(2) Administer outside of the law enforcement officer’s primary jurisdiction any post-arrest test advisement to the person; or
(3) With respect to the person, perform other procedures or functions outside of the law enforcement officer’s primary jurisdiction which are directly and solely related to enforcing the laws that concern a person operating or being in the actual physical control of any motor vehicle, motorboat or aircraft while under the influence of alcoholic liquor or of any other drug or otherwise in violation of Neb. RS 28-1465, 28-1466, 28-1472, 37-1254.01, 37-1254.02, 60-4,163, 60-4,164, 60-6,196, 60-6,197, 60-6,211.01 or 60-6,211.02.
(D) If city law enforcement personnel are rendering aid in their law enforcement capacity outside the limits of the: city in the event of disaster, emergency or civil defense emergency or in connection with any program of practice or training for the disaster, emergency or civil defense emergency when such program is conducted or participated in by the State Emergency Management Agency or with any other related training program, the law enforcement personnel have the power and authority to enforce the laws of the state or any legal ordinances or resolutions of the local government where they are rendering aid or otherwise perform the functions of their office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within their primary jurisdiction. The city shall self-insure or contract for insurance against any liability for personal injuries or property damage that may be incurred by it or by its personnel as the result of any movement made pursuant to this section.
(Prior Code, § 3-403) (Ord. 1-04, passed 4-12-2004)
Statutory reference:
Related provisions, see Neb. RS 29-215