Traffic stops in Nebraska are becoming more frequent lately. The Stockmann Law team works on challenging many traffic stop cases, particularly because of recent drug busts related incidents on I-80. It is well established that Nebraska law enforcement has been extending the scope of traffic stops beyond the initial basis for the stop in the absence of fairly restrictive circumstances. One should know the rules in order for their rights not to be violated. Many people do not even know or employ these basic rights, and can be taken advantage of as a result. Besides the right to remain quiet, you are not required to give the officer any consent to search your vehicle. A good rule of thumb in terms of talking to officers is that as soon as they give you back your license, insurance and registration the matter is over.
Traffic Stops Defense
Nebraska drug offenses and traffic stops can be attacked in numerous ways. Drug charges of this nature can typically be defended by challenging if the drugs were found pursuant to the actual traffic stop. Accordingly, the very Constitutional basis of the search can be called into question depending on the way a warrant was obtained to search a piece of property, or if it was obtained at all. The officer must have had reasonable suspicion that you were violating the law or about to violate the law.
If the offense was a traffic offense, you can challenge the officer’s conclusion that you committed a traffic violation. Even if the officer alleges a traffic violation, Nebraska law does not allow a police officer to automatically require you to get out of the car so that the vehicle can be searched unless the officer has some concern for his or her safety. An officer making a traffic stop has no right to order you from the car and should know that his/her only option is to issue you a ticket and allow you to leave. If you were ordered from the car during a stop for a traffic violation, you may be able to have evidence of drug possession or distribution excluded based on the unconstitutional actions of the arresting officer.
Traffic Stops Defense Lawyer in Nebraska
As a lawyer who has dealt with illegal traffic stops and searches for over 15 years, Dan Stockmann thoroughly understands what mistakes may be made in regard to a search, seizure or arrest in a drug case. His unique knowledge and experience as a criminal defense attorney allows him to be more than effective in these types of cases. When he investigate these types of drug crimes, Dan Stockmann always first looks to determine whether his client’s fourth amendment rights were violated and if they were forced into an unreasonable search.