Legal Opinion
Chase v. Neth
Nebraska Supreme Court
Decided May 27, 2005No. S-04-501PublishedCited by 22 opinions
1Opinion of the CourtStephan, J.
The district court for Lincoln County held that Neb. Rev. Stat. § 60-498.01 (Supp. 2003), which is part of the Nebraska administrative license revocation (ALR) procedure, violates due process rights when applied to persons who refuse to submit to a chemical test of their breath or blood because it does not allow such persons to raise Fourth Amendment challenges at the ALR hearing. The Department of Motor Vehicles filed this timely appeal. Based upon our independent review, we reverse, and remand for further proceedings.
BACKGROUND
At approximately 1:20 a.m. on November 8, 2003, Nebraska State…
2Cases cited30 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- United States v. LeonSupreme Court of the United States · 1984
- United States v. CalandraSupreme Court of the United States · 1974
- United States v. JanisSupreme Court of the United States · 1976
- Immigration & Naturalization Service v. Lopez-MendozaSupreme Court of the United States · 1984
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3Cited by22 opinions
- Martin v. Kansas Department of RevenueSupreme Court of Kansas · 2008
- Hamit v. HamitNebraska Supreme Court · 2006
- Steven O. Dale v. Anthony CicconeWest Virginia Supreme Court · 2014
- Nevers v. State, Department of Administration, Division of Motor VehiclesAlaska Supreme Court · 2005
- Ptak v. SwansonNebraska Supreme Court · 2006
17 more not listed; retrieve them via the Exa API.