State v. Tompkins

We granted appellant’s petition for further review. The Nebraska Court of Appeals determined that the police officer’s supporting affidavit did not support the issuance of a search warrant. Nevertheless, on its own motion, without the issue being raised in the trial court, the Court of Appeals determined that the search was valid under the good faith exception set forth in United States v. Leon, 468 U.S. 897, 104 S. Ct. 3405, 82 L. Ed. 2d 677 (1984). This case presents the question whether an appellate court can reach the Leon good faith exception without the State’s having raised the issue.…