Gering, NE asked in Traffic Tickets and Constitutional Law for Nebraska

Q: Can law enforcement legally confiscate my camera at a traffic stop?

I was cited for willful reckless driving for speeding on my motorcycle in Nebraska. I have a 360 camera attached to my bike to record rides. The deputy said he was officially confiscating my camera so I handed it over. Did he violate my rights?

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Law enforcement officers can sometimes confiscate items if they believe the items are evidence of a crime. In your case, the deputy may have believed that the footage on your 360 camera could be used as evidence related to the reckless driving citation. However, this does not mean that your rights cannot be questioned or challenged.

You should contact an attorney to discuss the specifics of your situation. They can help you determine whether the confiscation was lawful and whether your rights were violated. The attorney can also assist in possibly recovering your camera and any footage on it.

If you feel your rights were violated, you may file a complaint with the law enforcement agency involved. Document all details of the incident, including the deputy’s actions and statements. This information will be useful for your attorney and any potential legal actions you may pursue.

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