If you are stopped by police in Nebraska, officers cannot search your phone during a traffic stop without a warrant in most circumstances. Here’s what the law says:
Your Phone Is Protected by the Fourth Amendment
- The U.S. Supreme Court’s decision in Riley v. California makes it clear: police must obtain a warrant to search the contents of your cell phone, even if it is seized during an arrest.
- Nebraska courts have followed this precedent, requiring that any search of your phone’s data (texts, emails, photos, etc.) be supported by a warrant based on probable cause and that the warrant must specifically describe what evidence is being sought.
Exceptions to the Warrant Requirement
Police may only search your phone without a warrant in very limited situations:
- Consent: If you voluntarily give police permission to search your phone, they can do so without a warrant. Consent must be freely given—not coerced or obtained through threats.
- Exigent Circumstances: If there is an emergency (for example, if police believe evidence on your phone will be destroyed or someone is in immediate danger), they may be allowed to search without a warrant.
- Search Incident to Arrest: While police can seize your phone if you are arrested, they still need a warrant to search its contents.
Can Police Make You Unlock Your Phone?
- Police cannot force you to provide your password or unlock your phone without a warrant. This is protected by your Fifth Amendment right against self-incrimination.
Your Rights During a Traffic Stop
- You have the right to refuse consent for a search of your phone. Politely but firmly state that you do not consent to a search if asked.
- Officers may ask for your license, registration, and proof of insurance, but cannot go through your phone unless you give permission or they have a warrant.
Summary Table: Police Searches of Phones During Nebraska Traffic Stops
| Situation | Can Police Search Your Phone? |
|---|---|
| Routine traffic stop | No, unless you consent |
| You are arrested | No, unless they get a warrant |
| You give consent | Yes |
| Exigent/emergency circumstances | Possibly, but only in emergencies |
| Forced to unlock phone | No, protected by Fifth Amendment |
Nebraska police cannot search your phone during a traffic stop unless you give consent, there is a true emergency, or they obtain a warrant. You are never required to unlock your phone for them without a warrant. Always assert your rights politely and seek legal advice if you feel they have been violated.
Sources:
- https://omahanelawyer.com/blog/understanding-search-and-seizure-laws-in-nebraska/
- https://www.criminaldefensene.com/can-police-take-your-phone/
- https://www.criminaldefensene.com/traffic-stops-legal-stop/
- https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=3285&context=nlr