Law enforcement along Nebraska’s highways can be aggressive, especially toward out-of-state drivers, and even a minor traffic stop can quickly escalate into felony drug charges. These cases move fast, and prosecutors waste no time in building a case. That’s why anyone facing this situation should speak with a criminal defense lawyer right away. Delays can cost them critical legal options. Because of how these arrests unfold, often involving vehicle searches, drug dog alerts, and questions about consent, a strong, strategic defense needs to be put in place immediately.
Interstate Drug Stop Defense Lawyers in Nebraska
Liberty Law Group defends people who have been arrested in interstate drug stops on Nebraska or Iowa highways. With two convenient locations in Omaha and Lincoln, Liberty Law Group proudly serves the counties of Douglas, Lancaster, Sarpy, Dodge, Butler, Cass, Gage, Hamilton, Otoe, Saline, Saunders, Seward and surrounding communities in Nebraska. In the sections below, the experienced criminal defense lawyers at Liberty Law Group break down exactly what individuals should know about these charges, from how the stops are made to what happens in court, and most importantly, how a skilled defense can protect a person’s rights and future.
Overview of Interstate Drug Stops in Nebraska
- Why Drivers With Out-of-State Plates Get Stopped in Nebraska
- What Reasons Police Use to Stop Cars on I-80 in Nebraska
- Can Police Legally Search a Car During a Nebraska Traffic Stop?
- What Happens After Drugs Are Found During a Nebraska Traffic Stop?
- What Types of Drug Charges Come From Highway Stops in Nebraska?
- What Rights Drivers Have During a Nebraska Drug Stop
- What Is a Motion to Suppress and How It Can Help?
- What Defenses Can Beat a Nebraska Interstate Drug Charge?
- What Happens in Nebraska Court After an Interstate Drug Arrest?
- Why Hiring an Experienced Drug Charge Lawyer Matters in Nebraska Interstate Drug Cases
- Resources
Why Drivers With Out-of-State Plates Get Stopped in Nebraska
Law enforcement in Nebraska heavily monitors Interstate 80, which runs across the state from west to east. Officers view it as a high-risk drug trafficking route due to its connection to states where marijuana is legal, particularly Colorado. Although marijuana is legal in some western states, it remains illegal in Nebraska. As a result, drivers with out-of-state license plates, especially from California, Colorado, or Oregon, are often stopped under suspicion of transporting drugs.
While I-80 is the main focus of drug interdiction in Nebraska, other interstates like I-76, I-680, I-480, and I-129 are also patrolled and have been used for stops. I-76 enters Nebraska from Colorado in the southwest and connects to I-80 near Big Springs, making it a key route from a legal marijuana state. I-680 loops around Omaha, linking I-80 to I-29 in Iowa, while I-480 cuts through downtown Omaha and connects with Council Bluffs. I-129, in the northeast, runs a short distance between South Sioux City, Nebraska, and Sioux City, Iowa.
What Reasons Police Use to Stop Cars on I-80 in Nebraska
Nebraska law allows police to stop drivers for any observed traffic violation, no matter how small. These include failing to signal under Neb. Rev. Stat. § 60-6,161, following too closely under Neb. Rev. Stat. § 60-6,140, or crossing the center line under Neb. Rev. Stat. § 60-6,139. Speeding by even a few miles per hour can also be enough.
Police sometimes use deceptive tactics, such as placing fake signs warning of drug checkpoints ahead. These signs may prompt drivers to exit the highway, where officers lie in wait. Though the checkpoints do not actually exist, the behavior of exiting may be used as a reason to initiate a stop.
Officers also conduct what are known as pretextual stops. The stated reason may be a minor infraction, but the real aim is to investigate something more serious, like drug trafficking. The U.S. Supreme Court has upheld that as long as a legal reason for the stop exists, the officer’s true motive does not make the stop unconstitutional.
Rental cars and travel routes that begin in marijuana-legal states can also raise suspicion. If the driver is not the renter, or if the car is headed toward eastern states from the West Coast, officers may choose to investigate further once a traffic violation occurs.
Can Police Legally Search a Car During a Nebraska Traffic Stop?
To search a car without a warrant, officers must have probable cause. In Nebraska, probable cause may include seeing drug paraphernalia, smelling marijuana, or hearing suspicious statements. The smell of marijuana alone is often enough for a search, though some courts continue to challenge this practice.
Police often ask for consent to search. This is not a legal requirement, and drivers have the right to refuse. If consent is given freely, courts typically uphold the search. However, if the driver was pressured or misled, a defense attorney may challenge the search in court.
Drug-sniffing dogs are frequently used on I-80. These dogs are trained to signal when they detect narcotics. However, police cannot unreasonably delay the stop just to wait for a dog to arrive.
Officers may seize anything they see in plain view during a lawful stop. In addition, the automobile exception allows police to search a car without a warrant if they have probable cause. Still, officers must follow legal procedures, and any abuse of these rules can lead to evidence being excluded in court.
What Happens After Drugs Are Found During a Nebraska Traffic Stop?
When drugs are found, officers typically arrest all occupants of the vehicle. They are then taken to jail, where they are booked—fingerprinted, photographed, and entered into the system. Depending on who possessed the drugs and where they were located, the charges may differ among passengers.
Formal drug charges depend on the drug type and quantity. For example, under Neb. Rev. Stat. § 28-416, possession with intent to distribute controlled substances can result in felony charges with prison terms of 1 to 50 years.
Soon after arrest, the court holds a bond hearing to determine release conditions. A judge will consider criminal history, ties to Nebraska, and the likelihood of fleeing. If the defendant is from out of state, stricter bond conditions or higher amounts may apply. In federal court, release is harder to secure and often requires a detention hearing.
In some cases, especially those involving large quantities of drugs or firearms, federal charges may follow. When this happens, state charges are usually dropped in favor of federal prosecution, which tends to carry more severe penalties.
What Types of Drug Charges Come From Highway Stops in Nebraska?
Possession charges can be misdemeanors or felonies, depending on the drug and amount. Marijuana possession under one ounce is only an infraction. More than one ounce leads to higher charges. Possessing over one pound may be charged as a Class IV felony under Neb. Rev. Stat. § 28-416(12).
If police believe the drugs were intended for sale or transport, they may charge possession with intent to distribute. Evidence supporting this includes large quantities, packaging materials, scales, or cash. This charge is a Class II felony and can carry a prison term of up to 50 years.
Trafficking charges do not require crossing state lines. If the drugs appear to be packaged for sale, the state may pursue trafficking charges. If firearms are involved, mandatory minimum sentences may apply.
Sentencing varies widely. First-time offenders may receive lighter penalties, while repeat offenders or those arrested near schools may face harsher sentences. Federal sentencing guidelines depend on drug amounts, criminal history, and aggravating factors.
What Rights Drivers Have During a Nebraska Drug Stop
Every driver has the right to remain silent. They do not have to answer questions about their destination or the contents of the vehicle. Saying, “I choose not to answer” or “I don’t consent to searches” is fully within the law. Voluntary statements can be used in court, so silence is often the best option.
Under the 4th Amendment of the U.S. Constitution and also under Nebraska law, people are protected against unreasonable searches and seizures by the government. Drivers may refuse a request to search the car. Unless police have probable cause or another legal basis, they cannot search without consent. Refusing a search cannot be used as evidence of guilt.
Police may not delay a stop beyond its original purpose without reasonable suspicion. Once a warning or ticket is issued, drivers must be allowed to leave unless something else justifies further detention.
What Is a Motion to Suppress and How It Can Help?
A motion to suppress asks the court to exclude evidence obtained through an illegal search or seizure. In Nebraska traffic stops, this often involves violations of the Fourth Amendment. If the court finds law enforcement acted unlawfully, the evidence may not be used.
Most arguments in suppression hearings focus on whether the officer had probable cause or reasonable suspicion. Courts review dash cam footage, officer reports, and testimony to decide these issues.
Consent that was not truly voluntary can also be challenged. If the officer misled the driver or implied they had no choice, the court may rule that the consent was invalid. If so, the search that followed is illegal.
When a motion to suppress is successful, the charges may be reduced or dismissed entirely. Even if not fully dismissed, the prosecution may offer a plea to a lesser offense, knowing their key evidence cannot be used.
What Defenses Can Beat a Nebraska Interstate Drug Charge?
Lack of knowledge is a strong defense in possession cases. If drugs were hidden in luggage or in a rental car’s trunk, the driver may not have known they were there. Prosecutors must prove the defendant knowingly possessed the drugs.
If the traffic stop itself was illegal, all evidence from the stop may be excluded. Officers must have a legal basis for the stop under Nebraska law. If that basis did not exist, the stop, and everything that followed, may be challenged.
Defense attorneys may also question the reliability of drug-sniffing dogs. If the dog was not properly trained or the alert was unclear, the resulting search could be ruled unconstitutional.
What Happens in Nebraska Court After an Interstate Drug Arrest?
After arrest, the defendant appears in court for a bond hearing. The judge decides the conditions for release, including bond amount, based on criminal history, ties to Nebraska, and the seriousness of the charge under statutes like Neb. Rev. Stat. § 29-901.
In felony cases, a preliminary hearing is held to determine if there is probable cause to proceed. This is not a trial but a check to ensure the case has enough evidence to move forward.
At arraignment, the defendant enters a plea, often not guilty. The court then sets deadlines for filing motions and exchanging evidence. Defense attorneys review police reports, dash cam footage, and other materials to prepare for trial.
Before trial, the attorneys may argue motions, including suppression motions. If key evidence is excluded, the prosecution may offer a plea deal. If no agreement is reached, the case proceeds to trial, which may take several months.
Why Hiring an Experienced Drug Charge Lawyer Matters in Nebraska Interstate Drug Cases
An experienced attorney understands the tactics police use during interstate traffic stops. This includes spotting pretextual stops, improper use of K-9 units, and unlawful detentions. Such knowledge helps in building a strong defense.
A skilled lawyer will know how to challenge illegal searches and identify procedural errors. These details can be critical in determining whether the evidence can be used in court.
Some Nebraska drug stops lead to federal charges. A lawyer familiar with both state and federal procedures can develop a strategy suited to the case.
Drug convictions can have lasting consequences beyond jail time, including problems with employment, licensing, and immigration. An experienced drug charge attorney considers all these issues when advising a client.
Additional Resources
Nebraska Examiner – Nebraska State Patrol Honored for Drug Interdiction Efforts During 2022 – This article reports on how the Nebraska State Patrol was recognized for its drug interdiction efforts in 2022. It briefly outlines the agency’s work on the state’s highways and includes context about broader enforcement trends. Readers can learn about law enforcement operations focused on drug transportation and how agencies are recognized for these efforts.
IIHS – Summary of State Court Decisions on the Constitutionality of Sobriety Checkpoints – This document summarizes state court decisions on whether sobriety checkpoints are legal in each U.S. state. It outlines key court rulings and legal interpretations on when and how such checkpoints can be used. Readers can use this chart to compare how each state treats the legality of sobriety or drug checkpoints under their constitutions.
Nebraska State Constitution Article I-7 – Mirroring the Fourth Amendment of the U.S. Constitution, Article I-7 of the Nebraska State Constitution says “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.”
Nebraska Supreme Court – State v. Hedgcock – This is the full court opinion from the Nebraska Supreme Court in the case State v. Hedgcock. The case involved the use of fake checkpoint signs and a voluntary search at a rest area. The court ruled on whether this tactic constituted an unlawful seizure under the Fourth Amendment.
Hire a Drug Crimes Defense Attorney in Nebraska or Iowa | Liberty Law Group
Interstate drug stops can be complicated and often involve questions as to the legality of searches and seizures, canine units, and probable cause. If you or a loved one has been charged with a drug-related crime stemming from an interstate drug stop on Nebraska highways, it’s vital to consult with a criminal defense attorney immediately. The dedicated advocates at Liberty Law Group are ready to protect the rights and privacy of our clients, and to use our knowledge and experience to provide a strong defense strategy for any drug-related criminal defense in Nebraska or Iowa.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for a drug related crime, call our firm immediately at 877-42LIBERTY (877-425-4237) to request a free and confidential consultation to discuss the facts of your case.
