§ 29-215 — Law enforcement officers; jurisdiction; powers; contracts authorized

Nebraska § 29-215

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

(1) A law enforcement officer has the power and authority to enforce the laws of this state and of the political subdivision which employs the law enforcement officer or otherwise perform the functions of that office anywhere within his or her primary jurisdiction.
(2) Any 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:
(a) Any such 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 law enforcement officer's primary jurisdiction;
(b) Any such 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 twenty-five miles of the boundaries of the law enforcement officer's primary jurisdiction and there arrest and detain such person and return such person to the law enforcement officer's primary jurisdiction;
(c) Any such 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 (i) a law enforcement officer whose life is in danger or (ii) a law enforcement officer who needs assistance in making an arrest and the suspect (A) will not be apprehended unless immediately arrested, (B) may cause injury to himself or herself or others or damage to property unless immediately arrested, or (C) may destroy or conceal evidence of the commission of a crime; and
(d) Any municipality or county may, under the provisions of the Interlocal Cooperation Act or the Joint Public Agency Act, enter into a contract with any other municipality or county for law enforcement services or joint law enforcement services. Under such an agreement, 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, each participating political subdivision shall provide liability insurance coverage for its own law enforcement personnel as provided in section 13-1802 .
(3) 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 section 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:
(a) Transport such person to a facility outside of the law enforcement officer's primary jurisdiction for appropriate chemical testing of the person;
(b) Administer outside of the law enforcement officer's primary jurisdiction any post-arrest test advisement to the person; or
(c) 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 section 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 .
(4) For purposes of this section:
(a) Class I railroad has the same meaning as in section 81-1401 ;
(b) Law enforcement officer has the same meaning as peace officer as defined in section 49-801 and also includes conservation officers of the Game and Parks Commission and Class I railroad police officers; and
(c) Primary jurisdiction means the geographic area within the territorial limits of the state or political subdivision which employs the law enforcement officer.

Legislative History

Source: Laws 1994, LB 254, § 1; Laws 1999, LB 87, § 68; Laws 2003, LB 17, § 9; Laws 2011, LB667, § 5; Laws 2021, LB51, § 2. Cross References: Interlocal Cooperation Act, see section 13-801. Joint Public Agency Act, see section 13-2501. Motor vehicle pursuit, see section 29-211. Uniform Act on Fresh Pursuit, see section 29-421. Annotations: A law enforcement officer's statutory power and authority to enforce laws outside of the officer's primary jurisdiction does not implicate the Fourth Amendment or article I, section 7, of the Nebraska Constitution. State v. Hoehn, 316 Neb. 634, 6 N.W.3d 487 (2024). This section is not a venue statute. State v. Warlick, 308 Neb. 656, 956 N.W.2d 269 (2021). Subsection (2)(c)(ii)(C) of this section does not require that an officer requesting assistance tell the responding officer that he or she fears evidence will be lost; it asks whether the suspect may destroy or conceal evidence of the commission of a crime and whether an officer needs assistance in making an arrest. State v. Voichahoske, 271 Neb. 64, 709 N.W.2d 659 (2006). This section does give certain extrajurisdictional arrest powers to certain law enforcement officers. This section only applies to Nebraska law enforcement officers and does not apply to law enforcement officers who cross state lines. This section does not authorize an out-of-state police officer to arrest a suspect for misdemeanor driving under the influence outside the officer's geographical jurisdiction. State v. Cuny, 257 Neb. 168, 595 N.W.2d 899 (1999). Subsection (3) of this section does not provide an officer with plenary powers to arrest or detain an individual outside of the officer's primary jurisdiction, even where probable cause exists to believe a person is operating a motor vehicle while under the influence of alcohol or drugs in another jurisdiction. To the contrary, under its explicit terms, subsection (3) of this section provides officers with limited powers to perform functions in another jurisdiction when probable cause exists in connection with a jurisdictional stop and arrest. State v. Hoehn, 32 Neb. App. 446, 999 N.W.2d 599 (2023). Subsection (2)(d) of this section authorizes law enforcement to make an arrest outside his or her primary jurisdiction pursuant to an interlocal agreement, but there must be evidence that such an agreement exists and that it actually authorizes authority for the arrest. State v. Ohlrich, 20 Neb. App. 67, 817 N.W.2d 797 (2012).