Legal Opinion
State v. Allen
Nevada Supreme Court
Decided December 19, 2002No. 38741PublishedCited by 4 opinions
1Opinion of the Court
OPINION
2Per curiam
In this appeal, we are asked to determine whether a search warrant that did not contain a statement of probable cause was nevertheless valid because it complied with the “incorporation by reference” requirements of NRS 179.045(5)(b). We conclude that for a search warrant to comply with this provision, the affidavit containing the probable cause statement must be physically attached to the search warrant. Additionally, we conclude that the Leon 1 good faith exception does not apply to the actions of the police in this case.
FACTS
On October 12, 1999, Humboldt County Deputy Sheriff Mike…
3Cases cited11 opinions
- United States v. LeonSupreme Court of the United States · 1984
- Stone v. PowellSupreme Court of the United States · 1976
- United States v. CalandraSupreme Court of the United States · 1974
- Arizona v. EvansSupreme Court of the United States · 1995
- United States v. PeltierSupreme Court of the United States · 1975
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4Cited by4 opinions
- State v. Gameros-PerezNevada Supreme Court · 2003
- State v. KincadeNevada Supreme Court · 2013
- Sanders v. StateNevada Supreme Court · 2003
- State v. KincadeNevada Supreme Court · 2013