State v. Rieker, 318 Neb. 238

Benjamin D. Rieker, a Lincoln Police Department (LPD) officer working off-duty as hospital security, had a physical encounter with Jan Noch, a hospital visitor, on October 31, 2020.
Rieker, in uniform and subject to LPD policies, stopped Noch (who was leaving voluntarily but refusing to use a specific exit), and pushed him to the ground, allegedly causing injury.
Video evidence and multiple eyewitnesses suggested that Noch was not physically threatening Rieker at the time of the push.
Rieker submitted reports and was later interviewed about the incident; these statements described Noch as aggressive and the use of force as necessary self-defense.
Rieker was charged with third degree assault and false reporting, convicted in a bench trial, and sentenced to probation. Both convictions were affirmed on direct appeal to the district court; Rieker appealed to the Nebraska Supreme Court.

Issue	Rieker's Argument	State's Argument	Held
Motion to suppress ACI form (voluntariness under Garrity)	Statements were involuntary as he was compelled by threat of job loss	Garrity does not apply; Rieker's belief not objectively reasonable	District court’s admission of ACI form affirmed; error harmless as identical info was given in voluntary police interview
Sufficiency of evidence – Assault (defense of property)	Force was justified to remove a trespasser refusing directions	Force was excessive and not immediately necessary—Noch was leaving voluntarily	Affirmed; evidence supported conclusion force was not immediately necessary to prevent trespass
Sufficiency of evidence – False Reporting	Not shown that Rieker intended to impede criminal investigation or that info was material/knowingly false	Video/eyewitnesses contradicted Rieker’s account; statements were material, knowingly false, and intended to impede inquiry	Affirmed; sufficient evidence for all elements of false reporting

Garrity v. New Jersey, 385 U.S. 493 (statements are inadmissible if compelled by threat of job loss for public employees)
State v. Ewing, 221 Neb. 462 (elements of false reporting under Nebraska law)
State v. Weichman, 292 Neb. 227 (two-part test for Garrity claims in Nebraska)
State v. Cole, 231 Neb. 420 (conditions for defense of property under Nebraska law)
State v. Johnson, 314 Neb. 20 (objective reasonableness of the need to use force in self-defense context)
State v. Grutell, 305 Neb. 843 (burden-shifting for affirmative defenses in Nebraska criminal cases)