
You’re at home, scrolling through your phone or talking with a friend, and then, without warning, your personal space is invaded by law enforcement. Was that intrusion lawful? Did you have a reasonable expectation of privacy? When your privacy rights are unclear, Petersen Criminal Defense Law is here to guide you and help fight for your rights.
Understanding Your Right to Privacy in Nebraska
The right to privacy is a fundamental principle in American law. It refers to the belief that certain spaces, communications, or possessions are protected from government intrusion unless a valid warrant or legal justification exists.
The Fourth Amendment establishes this concept at the federal level, protecting individuals from unjustified searches and seizures by the government.
What Defines a Reasonable Expectation of Privacy?
Your expectation of privacy hinges on two critical factors:
- Your personal belief. Do you believe a space or item is private? For example, like most people, you likely assume your phone, home, or car are shielded from prying eyes.
- Society’s standards. Would most people agree that your expectation is reasonable? Courts generally uphold privacy in homes but not in public parks or open fields.
Nebraska courts follow these principles closely, ensuring privacy rights align with the Fourth Amendment while considering state laws and specific circumstances.
Reasonable Expectation of Privacy Examples
To understand how this concept is applied, consider the following reasonable expectation of privacy examples.
Private Residence
Law enforcement typically cannot enter your home without a warrant, as homes are considered one of the most protected spaces under privacy laws. For instance, if officers enter your home without consent or a warrant, courts may exclude any evidence officers obtain from being used against you in court.
Public Spaces
When you’re strolling in a public park, your level of privacy diminishes considerably. For instance, surveillance cameras in public places typically do not infringe on privacy rights.
Digital Devices
In Nebraska, accessing data on your smartphone without a warrant would violate your reasonable expectation of privacy, as established in cases like State v. Perry, 292 Neb. 708 (2016).
Every case depends on the specific context and conditions. Your right to privacy is a nuanced legal concept, making professional legal assistance essential when the government has challenged these rights.
Nebraska’s Laws and Privacy Protections
Nebraska courts follow the Fourth Amendment standards when interpreting privacy expectations through state-specific statutes and court decisions. Nebraska’s Constitution and criminal procedure statutes also recognize an inherent expectation of privacy.
Reasonable Expectation of Privacy in Criminal Cases
In criminal proceedings, privacy concerns frequently emerge when evidence is collected. For instance:
- Traffic stops. If law enforcement searches your vehicle without probable cause or consent, any evidence found might be suppressed as a violation of your expectation of privacy.
- Digital searches. Suppose police intercept or access your text messages, phone calls, or emails without a warrant. In such cases, your attorney can argue that they violated your privacy rights and that the judge should exclude any resultant evidence.
- Surveillance. Surveillance of your home or other private property may require a warrant.
- DNA evidence. Obtaining DNA evidence may require a warrant, depending on the circumstances.
A skilled defense attorney can assess how evidence was procured and ensure that any illegal searches or seizures are contested in court.
When Privacy Protections Fall Short
While the concept of privacy is robust, it’s not absolute. There are situations where privacy rights are reduced or waived, such as the following:
- Consent—if you voluntarily allow a search, you waive your privacy rights;
- Exigent circumstances—law enforcement may bypass privacy protections in emergencies, such as when public safety is at risk; and
- Plain view doctrine—officers can seize an illegal item without a warrant if it is in plain sight or out in the open.
Knowing when these exceptions apply is crucial to understanding your rights and building a solid defense.
Petersen Criminal Defense Law for Defending Your Right to Privacy
When your privacy has been violated, you need a firm with a proven record of protecting clients in Nebraska. Attorney Tom Petersen has handled over 6,000 criminal cases, providing unwavering dedication to clients facing challenging circumstances. With decades of experience and recognition as one of Nebraska’s leading defense attorneys, our firm works to ensure that your rights and future are secure.
Privacy Is a Right. Take Control Today
You shouldn’t have to wonder whether your personal space or property is safe from intrusion. If you believe your reasonable expectation of privacy has been violated in the context of a criminal case, Petersen Criminal Defense Law is ready to stand by your side. Contact us today for a consultation, and let us fight for the justice you deserve.
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