Illegal Stop & Seizure: What You Need To Know

Have you been the victim of an illegal stop and seizure on I-80? You aren’t alone, it is one of the most common cases that we see. There are many questions and confusing aspects about this event and most people don’t know enough about their rights and the law to actually fight against charges they may get that stem from this stop. 

Do I Have A Right To Privacy?

Property that is within your home or on your property belongs to you and is, therefore private. If police want to enter your property and search for something, they have to get a warrant to do so. The same thing is true with your vehicle. However, there are certain instances that the police may be able to search and seize your property without a warrant. This is generally when they have something called “probable cause.” It could be that they spotted something sitting out and they thought there was more or they smelled something strange. 

Often, the police will be able to take photos of something in your home or car or they can match you to a suspected vehicle in order to get a warrant. They cannot use high-tech equipment or cameras to spy on you or listen in on your conversations.

Can I Know What Is In A Search Warrant?

 If the police show up at your home or at your vehicle, they may already have a search warrant. In this case, a judge or magistrate has given them permission to conduct a search and seize any evidence. If the police do not have this warrant, it is considered to be an illegal search and seizure if your lawyer asks for it. The police will need to show that there is a need for the search warrant, they cannot just get it. 

You may ask for proof of a search warrant and that should dictate what the police are searching for, where, and the judge or magistrate that granted permission.

Do The Police Always Require A Warrant?

No, the police do not always need to have a warrant. They don’t need a warrant if the police ask if they can search your vehicle and you grant them verbal permission. Emergencies also dictate that the police do not need a search warrant. If you have already been placed under arrest, the police must conduct a search of the person for weapons and if drugs are found, that was not an illegal seizure.

Finally, if you have something sitting in plain view, the police do not need a search warrant to seize it.

What About During A Traffic Stop?

In general, the police are allowed to search and frisk you if they believe that you are armed during a traffic stop. This is not illegal. They can pat you down for drugs or weapons. However, the police cannot search your car without your permission or a search warrant. 

If your car has been towed and impounded, then the police can search your vehicle. This will include opening anything in your car that has been locked. It does not matter why your car was towed and impounded, it is still legal – so think about that before you abstain from paying your meter. 

You should note that the police cannot tow your car simply to search it.

Contact A Nebraska Drug Lawyer As Soon As Possible

No matter what, a drug possession charge can have far-reaching impacts on your job, housing, child custody, and general reputation in a community. It can be much more challenging to get or keep a job if you have any kind of drug charge in your history. 

If you or someone that you love is facing the possibility of a drug charge in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer like Daniel Stockmann immediately. He will help you to sort out the facts of your case and offer assistance. For help as soon as possible, contact a Nebraska drug lawyer at 844-545-3022.