Legal Opinion
State v. Herrera
Nebraska Supreme Court
Decided December 5, 2014No. S-13-659PublishedCited by 22 opinions
1Opinion of the Court
Nebraska Advance Sheets STATE v. HERRERA 575 Cite as
289 Neb. 575
Simply observing the condition of the vehicles while on the lot was not a “search”83 and recording the VINs was not a “seizure.”84 Because Meints did not in fact have a reasonable expecta- tion of privacy in his urban lot, the land was an open field. Therefore, McCormick did not need a warrant because his information gathering was not a “search” under the Fourth Amendment. CONCLUSION There is no “probable cause exception” to the warrant requirement. The Court of Appeals erred by assuming that a search occurred and excusing the…
2Cases cited21 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
- Arizona v. HicksSupreme Court of the United States · 1987
- New York v. ClassSupreme Court of the United States · 1986
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. OldsonNebraska Supreme Court · 2016
- State v. CottonNebraska Supreme Court · 2018
- State v. HinrichsenNebraska Supreme Court · 2016
- State v. JedlickaNebraska Supreme Court · 2017
- Hemsley v. LangdonNebraska Supreme Court · 2018
17 more not listed; retrieve them via the Exa API.