Nebraska police generally cannot search your phone during a routine traffic stop without a warrant, consent, or specific exceptions under the Fourth Amendment and state constitution. Article I, Section 7 of the Nebraska Constitution mirrors federal protections against unreasonable searches, requiring probable cause for device intrusions.
Warrant Requirement
Officers need a judicial warrant based on probable cause to unlock and scour phone contents, as affirmed in cases like Riley v. California (2014 U.S. Supreme Court). Nebraska courts uphold this; viewing videos or data beyond plain sight demands affidavits detailing evidence links, like texts tied to observed crimes. Traffic stops alone—speeding or taillights—rarely justify phone seizures.
Exceptions Allowing Access
Consent voids warrants: Politely decline searches, as voluntary handover (e.g., unlocking) permits full review. Exigent circumstances, like imminent evidence destruction (live texts) or public safety threats, allow warrantless peeks. Incident-to-arrest searches cover phones on arrestees, but post-Riley, contents need separate approval unless auto-exception applies to vehicle-linked devices.
Traffic Stop Specifics
Stops demand reasonable suspicion (e.g., weaving); expanding to phones requires articulable facts, like smelling weed near a lit screen. Officers may seize phones if contraband evidence exists, holding until warrants process via Nebraska State Patrol templates. No “frisk” right extends to digital contents without suspicion of weapons.
Passenger and Vehicle Rules
Passengers share no lesser rights; group consents don’t bind individuals. Vehicle searches under automobile exception skip warrants if probable cause points to crimes, potentially including glovebox phones. Dashcams record interactions, but Miranda applies post-custody.
Protecting Your Rights
Say: “I do not consent to searches.” Hand over license/registration without volunteering phone access. Locked phones buy time; biometric unlocks can imply consent—use PINs. Challenge violations via motions to suppress; ACLU notes successes in Nebraska. Amid 2026 tech probes, know remote wipes risk tampering claims.
Case Insights
State v. McGovern (2022) approved phone warrants for fleeing suspects’ devices with cause. State v. Tyler (2015) validated consensual unlocks post-release. No 2026 shifts noted; federal Riley governs.
Nebraska prioritizes privacy, empowering drivers to limit stops to traffic matters.
SOURCES:
- https://nebraskalegislature.gov/laws/articles.php?article=I-7
- https://www.koffellaw.com/blog/search-and-seizure-of-cell-phones-by-law-enforce/
