In Nebraska, the police generally need a search warrant to search your phone during a traffic stop. This is because your cell phone is considered personal property protected under the Fourth Amendment of the U.S. Constitution, which guards against unreasonable searches and seizures. The Nebraska Constitution also mirrors this protection, granting residents the right to privacy, particularly for digital devices like smartphones.
Police can only search your phone without a warrant in limited situations. These include cases where you give explicit consent to search your phone or when an exigent circumstance exists, such as an immediate threat to public safety or risk of evidence destruction. Otherwise, officers must obtain a warrant based on probable cause before accessing the contents of your phone.
During a traffic stop, police are allowed to briefly seize your phone, but searching its contents without a warrant is generally unconstitutional. The Nebraska Supreme Court has reinforced that searches of cell phones require particularized warrants that specify what officers are allowed to examine, to prevent overly broad or intrusive searches.
Furthermore, you cannot be forced to unlock your phone (for example, by giving your passcode or biometric access) without a warrant, as this could violate your Fifth Amendment right against self-incrimination.
If the police find evidence of a crime in plain view on your phone without a warrant, they may potentially use that evidence, but accessing the phone’s contents beyond plain view requires judicial authorization.
To summarize, in Nebraska in 2025, police may not legally search your phone during a traffic stop without a warrant unless you consent or an exception applies. Understanding these protections can help you assert your rights and ensure that any search or seizure complies with constitutional and state law requirements.
Sources
[1] https://www.nebraska.gov/apps-courts-epub/public/viewAdvanced?docId=N00008650PUB
[2] https://omahanelawyer.com/blog/understanding-search-and-seizure-laws-in-nebraska/
[3] https://www.criminaldefensene.com/can-police-take-your-phone/
[4] https://nebraskalegislature.gov/laws/statutes.php?statute=29-404.02
[5] https://law.justia.com/constitution/nebraska/c0101007000.html
