If you’re pulled over in Nebraska, you might wonder: can the police search your phone during a traffic stop? The short answer is: not without a warrant or your consent. Here’s a detailed breakdown of your rights and the laws that apply.
Your Phone Is Protected by the Fourth Amendment
Both the U.S. and Nebraska Constitutions protect you from unreasonable searches and seizures, and this includes your cell phone. The U.S. Supreme Court’s landmark decision in Riley v. California (2014) made it clear: police generally need a warrant to search the contents of your phone, even if you’ve been arrested.
“Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple-get a warrant.” (Nebraska Law Review summary of State v. Goynes)
When Can Police Search Your Phone Without a Warrant?
There are only a few exceptions where officers can search your phone without a warrant:
- Consent: If you voluntarily allow the officer to search your phone, they can do so legally. You are never required to give this consent, and you can refuse politely.
- Exigent Circumstances: In rare cases, if officers believe there is an immediate threat (such as evidence being destroyed or a life-threatening emergency), they may search without a warrant. However, these situations are very limited and must be justified in court.
- With a Warrant: If police have probable cause to believe your phone contains evidence of a crime, they can apply for a search warrant. Only after a judge issues the warrant can they search your device.
What About Car Searches?
Nebraska law gives police more leeway to search vehicles than phones. Officers can search your car without a warrant if:
- You give consent.
- They have probable cause (for example, they smell marijuana or see illegal items in plain view).
- The search is related to an arrest (search incident to arrest).
- The car is being impounded.
However, these rules do not extend to your phone. Even if your car is searched lawfully, your phone remains protected and cannot be searched without a warrant or your consent.
What Should You Do If Asked to Hand Over Your Phone?
- You have the right to refuse. Politely say, “I do not consent to a search of my phone.”
- Do not unlock your phone or provide your password unless a valid warrant is shown.
- If you are arrested, police can seize your phone, but they still cannot search its contents without a warrant.
Recent Nebraska Cases
Nebraska courts have consistently followed the Supreme Court’s guidance. In cases like State v. Goynes, the Nebraska Supreme Court reaffirmed that searching a cell phone requires a warrant, even after an arrest.
Key Takeaways
- Police cannot search your phone during a Nebraska traffic stop without your consent or a warrant.
- You are not required to give your password or unlock your phone.
- If you feel your rights have been violated, consult a criminal defense attorney.
Do you have more questions about your rights during a traffic stop or want to know what to do if your phone was searched? Let me know-I’m here to help!
Sources:
- https://nebraskalegislature.gov/laws/articles.php?article=I-7
- https://www.clinchlawfirm.com/blog/understanding-your-rights-when-can-police-search-your-car-in-nebraska
- https://www.cosleycriminaldefense.com/criminal-blog/can-police-search-phone
- https://omahaduidefense.com/2024/09/25/know-your-rights-during-traffic-stops-in-nebraska/
- https://www.omahanelawyer.com/blog/understanding-search-and-seizure-laws-in-nebraska/
