(A) A law enforcement officer has the power and authority to enforce the laws of this state and the village or otherwise perform the functions of that office anywhere within his, her, or their primary jurisdiction.
(B) Any village law enforcement officer who is within this state but beyond his, her, or their 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, her, or their office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within his, her, or their primary jurisdiction in the following cases:
(1) Any village law enforcement officer, if in a fresh attempt to apprehend a person suspected of committing a felony, may follow such person into any other jurisdiction in this state and there arrest and detain such person and return such person to the officer’s primary jurisdiction;
(2) Any village law enforcement officer, if in a fresh attempt to apprehend a person suspected of committing a misdemeanor or a traffic infraction, may follow such person anywhere in an area within 25 miles of the boundaries of the officer’s primary jurisdiction and there arrest and detain such person and return such person to the officer’s primary jurisdiction;
(3) Any village law enforcement officer shall have 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, herself, themself, or others, or damage to property unless immediately arrested; or
3. May destroy or conceal evidence of the commission of a crime.
(4) If the village, under the provisions of the Interlocal Cooperation Act, being Neb. RS 13-825 et seq., or the Joint Public Agency Act, being Neb. RS 13-2501 et seq., enters into a contract with any other village or county for law enforcement services or joint law enforcement services, law enforcement personnel may have such 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 village 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, personal watercraft, 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, the law enforcement officer has the power and authority to do any of the following or any combination thereof:
(1) Transport such 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 such 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, personal watercraft, 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) For purposes of this section:
(1) Class I railroad has the same meaning as in Neb. RS 81-1401;
(2) Law enforcement officer has the same meaning as peace officer as defined in Neb. RS 49-801 and also includes conservation officers of the Game and Parks Commission and Class I railroad police officers; and
(3) Primary jurisdiction means the geographic area within the territorial limits of the state or political subdivision which employs the law enforcement officer.
(E) If village law enforcement personnel are rendering aid in their law enforcement capacity outside the limits of the village in the event of disaster, emergency, or civil defense emergency or in connection with any program of practice or training for such 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 shall have the power and authority to enforce the laws of this 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 the territorial limits of their primary jurisdiction. The village 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 of its personnel outside the limits of the village pursuant to this section.
(Prior Code, § 3-403) (Ord. 475, passed 8-7-1995; Ord. 566, passed 8-12-1998)
Statutory reference:
Related provisions, see Neb. RS 29-215 and 81-829.65