Legal Question in Criminal Law in Nebraska

Re: Search

An attorney would need a bit more information before they could advise you fully. In general, police have far more latitude to search individuals and the interior of a car than a residence or other settings.

The broken taillight is a good basis for the traffic stop. The empty bottle is something which would justify further investigation if it was in plain view during the traffic stop. If you were of legal age, the search after the breath test is probably stretching it. If you were a minor for purposes of alcohol possession, it may be justified if there was an odor of alchol in the car or other facts which may lead to a suspicion of possesion of alcohol.

The timing of the searches, and the end of the taffic investigation are also signigicant factors. If the officer had issued you a citation and returned your license and registration papers to you before the later searches, there is a good chance that the objects seized would be suppresses as evidence. The total length of time of the stop is also a factor.

You should consult with an attorney and review the police reports on the stop for a more definite answer.

Bill Jones