Legal Opinion

State v. Holguin

Nebraska Court of Appeals

Decided January 17, 2006No. A-05-091PublishedCited by 3 opinions

1Opinion of the Court

Sievers, Judge.

INTRODUCTION

Adolfo Montanez Holguin (Montanez) appeals his conviction in the Scotts Bluff County District Court for aiding and abetting in the manufacture of a controlled substance other than marijuana, premising one of his assignments of error on the trial court’s denial of his motion to suppress. We find that the search warrant relied on in this case was invalid and that a good faith exception to the exclusionary rule does not apply. Thus, the evidence seized from Montanez’ motel room pursuant to that warrant should not have been received in evidence. Therefore, we reverse…

2Cases cited16 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Lo-Ji Sales, Inc. v. New YorkSupreme Court of the United States · 1979
  3. United States v. Timothy Donald KoonsCourt of Appeals for the Eighth Circuit · 2002
  4. State v. JohnsonNebraska Supreme Court · 1999
  5. State v. JacksonNebraska Supreme Court · 1998

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3Cited by3 opinions

  1. State v. HillNebraska Supreme Court · 2014
  2. State v. ChatmanNorth Dakota Supreme Court · 2015
  3. State v. McKnightNebraska Court of Appeals · 2015

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