Legal Question in Criminal Law in Nebraska

Re: theft

I can only answer general questions about the law on a bbs system, a specific opinion about your case would require a chance to interview you and go into more specific details about your particular case.

In general, a search of your home or property requires a search warrant issued by a judge or magistrate. There are exceptions to this rule, some of the more frequent ones are an emergency situation, search incident to arrest, protective sweeps during the arrest of a person in the house, or permission to search by the owner or someone in apparant authority to allow it.

Police may enter places open to the public and may observe things in open view without a warrant. If, from a position the police officer was permitted to be, such as a sidewalk or public street, the officer observes something which gives rise to a reasonable suspicion that a crime is being committed, the officer may investigate further.

In your case, several factors may determine the answer. Was the garage door open? Why did the police come to your house? If it was a 'welfare check' to see if someone is okay, like children without supervison, or someone who may be ill etc. they may not need a warrant based on what they observe when they arrive for the check. You should talk to an attorney before you draw attention to this incident.