When Force Is Used
Neb. Rev. Stat. § 28-1412 — force believed immediately necessary for a lawful arrest, and deadly force only for the listed felonies
Force in making an arrest is justifiable when the officer believes it is immediately necessary to make a lawful arrest, and makes the purpose of the arrest known or believes it is already known.
Deadly force. Deadly force is not justifiable unless the arrest is for a felony, the officer believes it creates no substantial risk to innocent persons, and the crime involved deadly force or there is a substantial risk the person will cause death or serious bodily harm if not caught.
The state's own sections are not the only measure of police force. Under the Fourth Amendment, the Supreme Court of the United States has held that force used in an arrest, a stop or any other seizure is judged by objective reasonableness, from the perspective of a reasonable officer on the scene rather than with hindsight, and that deadly force may not be used to stop a fleeing suspect unless the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Civil claims over force are brought under federal civil rights law and state law. Whether particular force was lawful is a question for a licensed Nebraska attorney.
Sources for this section (3)
- Neb. Rev. Stat. § 28-1412 — Use of force in law enforcement
- Graham v. Connor, 490 U.S. 386 (1989) — Force during a seizure is judged by objective reasonableness from the officer's perspective at the time
- Tennessee v. Garner, 471 U.S. 1 (1985) — Deadly force against a fleeing suspect is unreasonable absent probable cause of a significant threat of death or serious injury
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.