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NE: When entry is premised on an arrest warrant, the prosecution has to put it into evidence at the suppression hearing

By John Wesley Hall, Jr.

Officers entered defendant’s home with alleged arrest warrants, but none were produced at the suppression hearing. To survive the motion to suppress, the state had to put into evidence their legal authority for the entry, the arrest warrants, to show that they were complying with the Fourth Amendment, so the conviction and affirmance by the court of appeals is reversed. The motion to suppress his statements made when the officers were in the house is also reversed. State v. Borst, 281 Neb. 217, 2011 Neb. LEXIS 22 (March 18, 2011). Seizure of a gun in a car in NYC could not be justified by plain view where the officer had to lean in the car to make the view. The prosecution’s alternate basis of furtive movements in the backseat giving reasonable suspicion for a car frisk for the gun was not resolved by the trial court, so the case is remanded for a finding on that...continue to full post

Full post as published by Fourth Amendment on March 25, 2011 (boomark / email).