In Nebraska, drug arrests often occur along Interstate 80 and nearby highways. People arrested for drug possession are often concerned about how drug charges will affect their employment, rights, and futures. While possession of small amounts of marijuana usually results in misdemeanor or infraction charges, possession of large amounts of marijuana or harder drugs such as methamphetamine, cocaine, or hash is usually charged as a felony.
York's location at the intersection of Interstate 80 and Highway 81 makes it a prime target for interstate and highway drug stops. The Nebraska State Patrol and other law-enforcement agencies conduct drug interdiction operations in this area. Resulting traffic stops often turn into vehicle searches and drug-related arrests.
While it is true that law enforcement does not need a warrant to search a vehicle stopped on interstates, highways, or public roads, the search is still subject to Constitutional safeguards. The Fourth Amendment to the United States Constitution prevents police from conducting unreasonable searches and seizures.
In some cases, the traffic stop itself is illegal. When this is true, all evidence obtained pursuant to that illegal seizure is thrown out and the case is usually dismissed.
While police can always search a car with lawful consent, in some instances where consent was not given or it was coerced, the search is illegal. Furthermore, there are times when law enforcement does not have probable cause or well-grounded facts necessary to allow them to conduct a search.
Our criminal defense attorneys at Berry Law Firm have been protecting the constitutional rights of people arrested in Nebraska for over 50 years. We understand what's at stake, how to fight for our clients, and how to protect their rights. While some of our clients choose to fight the case with the goal of getting the case dismissed, other clients are simply looking to avoid prison time or a felony conviction. We work to meet our clients’ goals.