Nebraska Revised Statutes

Neb. Rev. Stat. § 16-323 (2026)

Chief of police; police officers; powers and duties

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 4 cases, 1968–2016 · leading case: State v. Wilkinson, 881 N.W.2d 850 (Neb. 2016).
State v. Wilkinson, 881 N.W.2d 850 (Neb. 2016). · cites it 3× “Wilkinson asks the court to rule that the power of “immediate superintendence of the police,” conferred upon a chief of police by Neb. Rev. Stat. § 16-323 (Reissue 2012), authorized him to choose, for political reasons, not to forward citations to the county attor- ney’s office.”
State v. Wilen, 539 N.W.2d 650 (Neb. Ct. App. 1995). · cites it 5× “Under Neb. Rev. Stat. § 16-323 (Reissue 1991), police officers [of cities of the first class] shall have the *144 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 sheriff .”
Phelps-Roper v. Heineman, 710 F. Supp. 2d 890 (D. Neb. 2010). · cites it 2× “” Neb.Rev. Stat. § 16-323 (Reissue (2007)).”
Frederickson v. Albertsen, 161 N.W.2d 712 (Neb. 1968). “” South Sioux City, a city of the first class with about 8,500 population, is governed by the following statutory provisions: “The chief of police shall have the immediate superintendence of the police.”
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