(A) The police officers of the city shall have the power to, arrest all offenders against the laws of the state or of the city, by day or by night, in the same manner as the County Sheriff and to keep such offenders in the city prison, county jail or other place of confinement to prevent their escape until trial can be had before the proper officer.
(B) 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 officer anywhere within his or her jurisdiction.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LAW ENFORCEMENT OFFICER IN NEED OF ASSISTANCE.
(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.
PRIMARY JURISDICTION. The geographic area within territorial limits of the city.
(D) Any city law enforcement officer who is within the state, but beyond his or her primary jurisdiction, has the power and authority to enforce the laws of the 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 attemptto apprehend a person suspected of committing a felony, may follow that person into any other jurisdiction in the state and there arrest and detain that person and return that person to the officer’s primary jurisdiction;
(2) Any city law enforcement officer, if ina fresh attempt to apprehend a person suspected of committing a misdemeanor or a traffic infraction, may follow that person anywhere in an area within 25 miles of the boundaries of the officer’s primary jurisdiction and there arrest and detain that person and return that person to the officer’s primary jurisdiction;
(3) Any city law enforcement officer has this 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; and
(4) If the city, under the provisions of the Interlocal Cooperation Act, being Neb. RS 13-801 through 13-827 or the Joint Public Agency Act, being Neb. RS 13-2501 through 13-2550, enters into a contract with any other city or county for law enforcement services or joint law enforcement services, law enforcement personnel may have this 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.
(E) 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 alcohol liquor or of any drug or otherwise in violation of Neb. RS 28-1465, 28-1466, 28-1472, 37-1254.01, 37-1254.05, 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 that 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 that 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 alcohol 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.
(F) 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 framing for a disaster, emergency or civil defense emergency when that program is conducted or participated in by the state’s Emergency Management Agency or with any other related training program, the law enforcement personnel have the power and authority to enforce the laws of this state or any legal ordinance or resolution 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 division (F).
(1976 Code, § 3-403) (Ord. 1345, passed 11-8-2004; Ord. 1426B, passed 12-5-2011; Ord. 1479, passed 2-5-2018)
Statutory reference:
Related provisions, see Neb. RS 17-118, 81-829.65