§ 81-2005 — State patrol; powers and duties enumerated

Nebraska § 81-2005

• Jurisdiction: Nebraska
• Ch. 81: State Administrative Departments

Text

On and after July 20, 2002, the Superintendent of Law Enforcement and Public Safety and all officers of the Nebraska State Patrol, except all carrier enforcement officers assigned to the carrier enforcement division, shall have the power:
(1) Of peace officers for the purpose of enforcing the Motor Vehicle Operator's License Act, the Motor Vehicle Registration Act, the Nebraska Rules of the Road, and any other law regulating the registration or operation of vehicles or the use of the highways;
(2) To make arrests upon view and without warrant for any violation committed in their presence of any of the provisions of the Motor Vehicle Operator's License Act, the Motor Vehicle Registration Act, the Nebraska Rules of the Road, or any other law regulating the operation of vehicles or the use of the highways, if and when designated or called upon to do so as provided by law;
(3) To make arrests upon view and without warrant for any violation committed in their presence of any provision of the laws of the state relating to misdemeanors or felonies, if and when designated or called upon to do so as provided by law;
(4) At all times to direct all traffic in conformity with law or, in the event of a fire or other emergency or in order to expedite traffic or insure safety, to direct traffic as conditions may require notwithstanding the provisions of law;
(5) When in uniform, to require the driver of a vehicle to stop and exhibit his or her operator's license and registration card issued for the vehicle and submit to an inspection of such vehicle and the license plates and registration card thereon and to require the drivers of motor vehicles to present such vehicles within five days for correction of any defects revealed by such motor vehicle inspection as may lead the inspecting officer to reasonably believe that such motor vehicle is being operated in violation of the statutes of Nebraska or the rules and regulations of the Director of Motor Vehicles;
(6) To inspect any vehicle of a type required to be registered under the Motor Vehicle Registration Act in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking;
(7) To serve warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways;
(8) To investigate traffic accidents for the purpose of carrying on a study of traffic accidents and enforcing motor vehicle and highway safety laws; and
(9) To operate weighing stations and portable scales and to perform carrier enforcement powers and duties prescribed in sections 60-1301 to 60-1309 .
Carrier enforcement officers appointed to the carrier enforcement division before July 20, 2002, shall have the powers and duties prescribed in sections 60-1301 to 60-1309 .

Legislative History

Source: Laws 1937, c. 141, § 6, p. 508; Laws 1939, c. 78, § 6, p. 321; Laws 1941, c. 176, § 8, p. 691; C.S.Supp.,1941, § 60-421; R.S.1943, § 60-435; Laws 1959, c. 295, § 1, p. 1102; R.S.1943, (1978), § 60-435; Laws 1985, LB 395, § 13; Laws 1993, LB 370, § 490; Laws 2002, LB 470, § 6; Laws 2005, LB 274, § 283. Cross References: Motor Vehicle Operator's License Act, see section 60-462. Motor Vehicle Registration Act, see section 60-301. Nebraska Rules of the Road, see section 60-601. Annotations: This section enumerates the powers, but not necessarily all of the duties of a State Patrol trooper. Hauser v. Nebraska Police Stds. Adv. Council, 269 Neb. 541, 694 N.W.2d 171 (2005). Investigative stop and search of auto by police held unconstitutional where officer had no reasonable suspicion the occupants were committing, had committed, or were about to commit a crime. State v. Colgrove, 198 Neb. 319, 253 N.W.2d 20 (1977). In the absence of any proof of factual foundation, a mere radio dispatch to an officer to stop a vehicle does not constitute a "reasonably founded" suspicion authorizing detention. State v. Benson, 198 Neb. 14, 251 N.W.2d 659 (1977). This section is constitutional and authorizes officers of the law to conduct routine stops of motor vehicles to check registration and operator's licenses even though there is no probable cause to believe a violation of law has occurred or is occurring. State v. Shepardson, 194 Neb. 673, 235 N.W.2d 218 (1975). In enforcing licensing laws, officers are authorized to stop vehicles. State v. Holmberg, 194 Neb. 337, 231 N.W.2d 672 (1975). The provisions of this section furnish no authority for an officer to issue an order to a person not under arrest to follow him where the offense involved was not a felony nor a violation of any law regulating the operation of vehicles or use of the highway. State v. Embrey, 188 Neb. 649, 198 N.W.2d 322 (1972). Carrier enforcement officers are not granted the full realm of powers possessed by State Patrol troopers; rather, they are granted only those powers specifically enumerated in section 60-1306, which limits their powers to arrest only for stated violations which are viewed by the officer while performing a function specifically related to the duties enumerated in subsections (1) and (2) of section 60-1306 or a function specifically related to those duties addressed in the statutes and laws referred to in subsections (3), (4), and (5) of section 60-1306. State v. Langan, 6 Neb. App. 739, 577 N.W.2d 752 (1998). Federal district court reversed for error in granting habeas corpus relief on Fourth Amendment grounds to state prisoner who had received full and fair hearing in state court with respect to alleged violations of his Fourth Amendment rights. Holmberg v. Parratt, 548 F.2d 745 (8th Cir. 1977). Where officer's only reason for stopping automobile was for baseless check to determine if it carried front license plate, search pursuant to stop was unreasonable and court abstains from comment on constitutionality of section. United States v. Bell, 383 F.Supp. 1298 (D. Neb. 1974).