Nebraska Statutes

§ 16-323 — Chief of police; police officers; powers and duties

Nebraska·Ch. 16 Cities of the First Class
The chief of police of a city of the first class shall have the immediate superintendence of the police. He or she and the police officers shall have the power and the duty to arrest all offenders against the laws of the state or of the city, by day or by night, in the same manner as a county sheriff and to keep such offenders in the city prison or other place to prevent their escape until a trial or examination may be had before the proper officer. The chief of police and police officers shall have the same power as the county sheriff in relation to all criminal matters arising out of a violation of a city ordinance and all process issued by the county court in connection with a violation of a city ordinance.

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Related

State v. Wilkinson
881 N.W.2d 850 (Nebraska Supreme Court, 2016)
155 case citations
State v. Wilen
539 N.W.2d 650 (Nebraska Court of Appeals, 1995)
23 case citations
Phelps-Roper v. Heineman
710 F. Supp. 2d 890 (D. Nebraska, 2010)
5 case citations
Opinion No. (2002)
(Nebraska Attorney General Reports, 2002)

Legislative History

Source: Laws 1901, c. 18, § 30, p. 238; R.S.1913, § 4889; C.S.1922, § 4057; C.S.1929, § 16-319; R.S.1943, § 16-323; Laws 1972, LB 1032, § 103; Laws 1979, LB 80, § 26; Laws 1988, LB 1030, § 4; Laws 2016, LB704, § 65; Laws 2019, LB194, § 18. Cross References: Ticket quota requirements, prohibited, see section 48-235. Annotations: Cited but not discussed. Frederickson v. Albertsen, 183 Neb. 494, 161 N.W.2d 712 (1968). One can infer from this section that police officers may, under proper circumstances, exercise their authority and peacekeeping duties at any time. State v. Wilen, 4 Neb. App. 132, 539 N.W.2d 650 (1995).

Nearby Sections

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