Nebraska Search Incident to Arrest is the focused mini course on the exception officers use more than any other, taught under Nebraska law. Because the Nebraska constitution is worded almost identically to the Fourth Amendment and the Nebraska Supreme Court has held that it provides no greater protection, this is straight Fourth Amendment work, with Eighth Circuit decisions carrying weight without binding the state courts.
The course covers where you may search and how much easier the person is than everything else, from Chimel and Robinson through the Nebraska flashlight case Schiffermiller and the cell phone limit in Riley. It works through vehicles under Belton and Gant, the recent occupant rule from Thornton, the backpack problem the federal circuits have built around access at the time of the search, and the field inventory route that Lafayette opens when search incident to arrest runs out.
After completing this course, you will be able to name the right exception in your report, articulate when a container is within reach and when it is not, and know when to switch from a search incident to arrest to an inventory before the evidence is at risk.
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