During a traffic stop in Nebraska, the question of whether police can search your phone is governed by both state and federal law, with strong protections for your digital privacy. Here’s what you need to know about your rights and the law as of 2025.
The General Rule: Warrant Required
Police generally cannot search your phone during a traffic stop without a warrant. This rule is rooted in the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures, and is echoed in Nebraska’s own constitution and statutes.
The U.S. Supreme Court’s landmark decision in Riley v. California (2014) made it clear that, even if police lawfully seize your phone during an arrest, they must obtain a warrant to search its contents. Nebraska courts have followed this precedent, emphasizing that cell phones are fundamentally different from other objects because of the vast amount of personal information they contain.
Exceptions: Consent and Exigent Circumstances
There are two main exceptions to the warrant requirement:
- Consent: If you voluntarily give police permission to search your phone, they may do so without a warrant. Nebraska case law confirms that consent must be given freely and can be withdrawn at any time. For example, if you unlock your phone and help officers access it, that is considered valid consent. However, if you clearly state that you do not consent, or if you revoke your consent, police must stop the search.
- Exigent Circumstances: In rare cases, if police believe there is an immediate threat (such as evidence being destroyed or a life at risk), they may be able to search your phone without a warrant. However, courts scrutinize these situations closely, and the burden is on law enforcement to justify the urgency.
What About Vehicle Searches?
While Nebraska law allows police to search your vehicle without a warrant if they have probable cause to believe it contains evidence of a crime, this does not automatically extend to your phone. The contents of your phone are considered highly private, and a separate warrant is required to access them, even if the phone is found in your car during a lawful search.
Your Rights During a Traffic Stop
- You have the right to refuse consent to a search of your phone. Politely state, “I do not consent to a search of my phone.”
- You have the right to remain silent and not answer questions about your phone or its contents.
- If you are arrested and your phone is seized, police still need a warrant to search it, unless you give consent or there are exigent circumstances.
What If Police Search Your Phone Anyway?
If police search your phone without a warrant or valid consent, any evidence they find may be inadmissible in court. Nebraska courts have suppressed evidence obtained from unlawful phone searches, and you should consult an attorney if you believe your rights were violated.
In Nebraska, police cannot search your phone during a traffic stop without your consent or a warrant. The law recognizes the unique privacy interests in digital devices, and courts require law enforcement to obtain a warrant in almost all circumstances. If you are asked to hand over your phone or unlock it, you have the right to refuse. If your rights are violated, seek legal counsel to protect your interests.
SOURCES:-
[1] https://nebraskalegislature.gov/laws/articles.php?article=I-7
[2] https://omahaduidefense.com/2024/09/25/know-your-rights-during-traffic-stops-in-nebraska/
[3] https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=3285&context=nlr
[4] https://www.omahanelawyer.com/blog/understanding-search-and-seizure-laws-in-nebraska/
[5] https://nebraskalegislature.gov/laws/statutes.php?statute=29-829
