Lancaster County Traffic Stops: Challenging Probable Cause
Many people arrested for a DUI in Lincoln assume they have to focus entirely on beating the breathalyzer test. In reality, the most effective defense often has nothing to do with alcohol. It focuses on the very first moment the police cruiser turned on its lights.
Under the Fourth Amendment of the U.S. Constitution and the Nebraska State Constitution, you are protected against unreasonable searches and seizures. A traffic stop is legally considered a seizure. This means a Lincoln Police Department officer or a Lancaster County Sheriff's deputy must have a valid, legally justifiable reason to pull you over.
If they do not have a valid reason, the stop is unlawful. When a stop is unlawful, every piece of evidence gathered after that point can be thrown out of court.
1. Reasonable Suspicion and Probable Cause
Police officers cannot stop your vehicle based on a gut feeling or because you look out of place. Nebraska law requires law enforcement to have either "reasonable suspicion" or "probable cause" that a crime or a traffic violation has occurred.
Reasonable suspicion means the officer can point to specific, articulable facts that suggest you are breaking the law. Probable cause is a slightly higher standard, meaning the facts make it highly likely a violation just happened.
In the context of traffic stops, any moving or equipment violation gives an officer the legal right to stop you.
2. Common Pretexts for DUI Stops in Lincoln
Late at night, especially near the University of Nebraska-Lincoln campus or the downtown Haymarket area, officers are actively looking for drunk drivers. They will often use minor traffic infractions as a pretext to initiate a stop and check for signs of impairment.
Some of the most common justifications officers use include:
- Speeding or driving unusually slow
- Weaving within a lane or crossing the center line
- Rolling through a stop sign
- Making a wide turn
- Driving with a broken taillight or headlight
- Having an expired registration tag or an improperly displayed front license plate
If an officer observes any of these, they have the legal authority to pull you over. Once at your window, if they smell alcohol or notice glassy eyes, the simple traffic stop quickly turns into a full DUI investigation.
3. Filing a Motion to Suppress
If you believe you were pulled over for no reason, your defense attorney can file a Motion to Suppress. This is a formal request asking the judge to exclude all evidence obtained during the traffic stop.
During a suppression hearing, the burden is on the state to prove the officer had a legal right to stop you. If the judge rules that the officer lacked reasonable suspicion or probable cause, the stop is declared unconstitutional.
When a stop is ruled unconstitutional, the legal doctrine known as the "fruit of the poisonous tree" applies. This means everything discovered as a result of the illegal stop must be suppressed. The prosecutor cannot use the officer's observations of you, your performance on the field sobriety tests, or your breathalyzer results. Without that evidence, the state is usually forced to dismiss the DUI charges entirely.
4. How We Challenge the Officer's Claims
Police reports often state that a driver was "weaving aggressively" or "crossed the center line twice." We do not just take the officer's written word as undeniable truth.
To challenge the stop, a skilled defense attorney will:
- Review Dashcam Footage: Almost all LPD and Lancaster County Sheriff cruisers are equipped with dash cameras. We scrutinize this video to see if the footage matches the officer's written report. If the video shows you maintaining your lane perfectly, we can argue the stop was unjustified.
- Examine Bodycam Video: We check the bodycam audio and video to evaluate the officer's demeanor and the exact reasons they gave you for the stop at the window.
- Cross-Examine the Officer: During the suppression hearing, we will question the officer on the stand about their line of sight, the lighting conditions, and the specific articulable facts they relied on.
A DUI conviction carries severe financial and personal consequences in Nebraska. Before you accept a plea deal or assume the state has a flawless case, it is critical to have an experienced lawyer evaluate the legality of your traffic stop. Protecting your constitutional rights is often the strongest defense you have.