If you’re traveling through Nebraska, particularly along Interstate 80 (I-80), it’s important to know what to expect if you’re pulled over, especially as an out-of-state driver. Nebraska law enforcement is known for heavily patrolling I-80, making traffic stops in search of drugs—particularly marijuana, which remains illegal in the state. Here’s a guide on what typically happens during an interstate drug stop in Nebraska and how you can protect your rights.
The Common Reasons for Traffic Stops
Law enforcement in Nebraska often pulls over vehicles for seemingly minor infractions. The goal? To search for illegal substances like marijuana, even if you’re coming from a state where it’s legal. Some of the common reasons drivers are stopped include:
- Speeding
- Improper lane changes
- Following too closely
- Equipment violations (e.g., broken tail lights)
While these may appear to be routine stops, officers may have ulterior motives—using the traffic violation as a pretext to search your vehicle for drugs.
The Pretext for a Drug Search
During these stops, officers are trained to observe for signs that could give them probable cause to conduct a more thorough search of your vehicle. Common signs they look for include:
- The smell of marijuana
- Nervous behavior
- Air fresheners or other items indicating you may be trying to mask an odor
- Travel patterns (e.g., coming from a state with legalized marijuana)
Once law enforcement believes they have probable cause, they can conduct a search of your vehicle. Knowing your rights and understanding how to handle this situation is critical.
Understanding Your Rights During a Stop
If you’re stopped for a traffic violation, you have specific rights that you should be aware of:
- Remain Calm and Polite: Always remain respectful and calm. Any aggressive or non-cooperative behavior could escalate the situation.
- You Don’t Have to Consent to a Search: If law enforcement asks to search your vehicle, you have the right to decline. Unless the officer has probable cause, they cannot search your vehicle without a warrant.
- Right to Remain Silent: You are not required to answer questions about where you are traveling from or whether you have drugs in your vehicle. Politely stating that you wish to remain silent can prevent self-incrimination.
What Happens If Drugs Are Found?
If drugs are discovered during a stop, you could face serious criminal charges, even for substances that are legal in other states, such as marijuana. Nebraska’s drug laws are strict, and you could be charged with possession or even intent to distribute, depending on the quantity. These charges carry severe penalties, including jail time, fines, and a permanent criminal record.
How an Interstate Drug Lawyer Can Help
If you’ve been charged with a drug crime in Nebraska, especially as an out-of-state driver, working with a specialized lawyer like Daniel Stockmann of Stockmann Law is essential. An experienced interstate drug attorney understands the intricacies of Nebraska’s drug laws and the tactics law enforcement uses to target out-of-state drivers.
Challenging the Stop
One of the most effective defenses in interstate drug cases is challenging the legality of the traffic stop. If the stop was conducted without probable cause or in violation of your rights, your lawyer may be able to get the evidence dismissed, which could lead to reduced charges or a case dismissal altogether.
Contact Stockmann Law
If you’re facing drug charges after an interstate stop in Nebraska, don’t wait. Stockmann Law has a proven track record of defending clients and successfully reducing or dismissing charges in these types of cases. Contact Daniel Stockmann today for a free consultation and begin building your defense.
Stockmann Law
6035 Binney St #200, Omaha, NE 68104
Phone: (402) 884-1031
Request a Free Case Evaluation
