State v. Kincade

OPINION

By the Court,

Parraguirre, J.:

In this case, we consider whether the district court properly excluded evidence seized pursuant to a search warrant where the warrant did not comply with NRS 179.045(5)’s requirement that a warrant include a statement of probable cause or have the affidavit upon which probable cause was based attached. Recognizing that a state may provide broader protections to its citizens than provided by the U.S. Constitution, we reaffirm our decision in State v. Allen, 119 Nev. 166, 69 P.3d 232 (2003) (Allen II), and conclude that failure to comply with NRS 179.045(5)…