State v. Harnisch

OPINION

Appellant State of Nevada has petitioned for rehearing of this court’s opinion in State v. Harnisch, 113 Nev. 214, 931 P.2d 1359 (1997). The opinion affirmed the district court’s order granting respondent Thomas Jacob Harnisch’s motion to suppress evidence. Although we have concluded that rehearing is not warranted, we issue this opinion to clarify one point of law.

Harnisch was a suspect in the kidnapping and robbery of Stephanie Prather on September 12, 1994. The police obtained a valid search warrant of Harnisch’s apartment unit. While the police were conducting the search, Harnisch…