In the state of Nebraska, in order for authorities to perform a search on a person’s home, car or personal effects, they must have a search warrant. This guards against unreasonable and unlawful search and seizure, according to the Nebraska State Constitution. Seizure can refer to the confiscation of property or the placement of persons in custody. When property is seized, the owner’s possession of that property is interfered with. When a person is taken into custody, his or her freedom of movement is restrained.
For a search and seizure to take place, there must be probable cause. Probable cause is not just the suspicion that an illegal activity is occurring. Rather, it exists when there is evidential support to suggest that a person is engaging in criminal activity. This evidence may include the following:
- Testimony of a witness
- A person’s actions
- Surveillance videos and photos
- Known associations with criminal figures
If the evidence is to be used to establish probable cause, law enforcement must show the judge that it is sound. This can be done through a variety of ways, including the use of signed affidavits and time stamps on videos and photos.
When an unlawful search and seizure takes place, any evidence obtained at the time may become inadmissible in court. This can be important information to have when fighting a criminal conviction.