Nebraska Revised Statutes

Neb. Rev. Stat. § 81-2005 (2026)

State patrol; powers and duties enumerated

✓ current as of July 2026

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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.

Notes of Decisions

Cited in 5 cases, 1998–2019 · leading case: State v. Campbell, 24 Neb. Ct. App. 861 (Neb. Ct. App. 2017).

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State v. Campbell, 24 Neb. Ct. App. 861 (Neb. Ct. App. 2017). · cites it 2× “Neb. Rev. Stat. § 81-2005 (1) (Reissue 2014) gives all officers of the State Patrol, as peace officers, the power to enforce “the Nebraska Rules of the Road, and any other law regulating the registration or operation of vehicles or the use of the highways.”

Hauser v. Nebraska Police Standards Advisory Council, 694 N.W.2d 171 (Neb. 2005). · cites it 5× “Hauser argues that Neb. Rev. Stat. § 81-2005 (Reissue 1999) was the only statutory authority that set forth the duties of a state trooper.”

State v. Langan, 577 N.W.2d 742 (Neb. Ct. App. 1998). · cites it 8× “Neb. Rev. Stat. § 81-2005 (Reissue 1994) provides in pertinent part: The Superintendent of Law Enforcement and Public Safety and all officers of the Nebraska State Patrol, except *745 all carrier enforcement officers assigned to the carrier enforcement division, shall have the…”

State v. Hisey, 723 N.W.2d 99 (Neb. Ct. App. 2006). · cites it 2× “See Neb. Rev. Stat. § 81-2005 (Supp. 2005). It is also the duty of the Nebraska State Patrol, along with other law enforcement officers in the State of Nebraska, to enforce “the laws regulating the registration, operation, and use of vehicles upon the highway.”

State v. Hoscheit (Neb. Ct. App. 2019). · cites it 2× “With respect to Hoscheit’s contention that Viterna’s order was unlawful, we note that Neb. Rev. Stat. § 81-2005 (Reissue 2014) gives officers of the State Patrol the powers to enforce “the Nebraska Rules of the Road, and any other law regulating the registration or operation of…”

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