Legal Question in Criminal Law in Nebraska

Re: Has being present when a search warrant is issued give cause to search my be

You would need to examine the search warrant to be certain of the the answer to this. The warrant should describe the premises to be searched and the evidence/property to be seized.

If your personal property is not described in the warrant [you want an attorney to review this, because the descriptions sometimes are quite general] then any search would have to be conducted under an exception to the warrant requirement. The police are permitted to search for weapons within the 'wingspan' of persons within the premises covered by the warrant, but this is not the same as a full search for evidence. Items in 'plain view' are also admissible if the police have a right to be where they are while viewing the item(s). A search of you personally is permissible to insure that you have no weapons on you for officer safety, but again, once it is determined that there are no weapons, the search of your person must stop.

This is a case where it is very important that you review all the facts with an attorney before you make any decisions about how you will handle the case. Search and seizure matters are complicated and fact specific, you need the particular advice of an experienced criminal law attorney. Don't rely on this answer to decide how you will proceed, get specific advice from an attorney.

Bill Jones