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21 Nebraska opinions name it 2 courts 1976–2022 2 in the last five years
The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Haselhorstgreen2 sentences1989In State v. Haselhorst, 218 Neb. 233 , 353 N.W.2d 7 (1984), we listed three requirements which must be met to uphold a warrantless seizure under the plain view doctrine: First, the police officer must lawfully make an “initial intrusion” or otherwise properly be in a position from which he can view a particular area. 1989In State v. Haselhorst, 218 Neb. 233 , 353 N.W.2d 7 (1984), we listed three requirements which must be met to uphold a warrantless seizure under the plain view doctrine: First, the police officer must lawfully make an “initial intrusion” or otherwise properly be in a position from which he can view a particular area. | 3 | 4 |
Minnesota v. Dickersongreen2 sentences2022In an electronic search of a cell phone, an unprecedented amount of personal information may come within the plain view of an investigator. 57 Such searches, like computer file 54 Minnesota v. Dickerson, 508 U.S. 366 , 113 S. Ct. 2130 , 124 L. 1997See, also, State v. Hayes, supra. In Dickerson , the plain feel doctrine was analogized by the U.S. Supreme Court to the plain view doctrine, which allows seizure of illegal items in the plain view of an officer, but the court held that in a plain feel situation, the identity and illegality of the object must be “immediately apparent” upon the officer’s tactile discovery. 508 U.S. at 375 . | 1 | 2 |
Arizona v. Hicksgreen2 sentences1999This view is supported by Arizona v. Hicks, 480 U.S. 321 , 107 S.Ct. 1149 , 94 L.Ed.2d 347 (1987), in which the U.S. Supreme Court was unwilling to expand the plain view doctrine to allow for a warrantless "cursory inspection" or something less than a "full-blown search" within a home on the basis of reasonable suspicion. 480 U.S. at 328, 107 S.Ct. 1149 . 1999This view is supported by Arizona v. Hicks, 480 U.S. 321 , 107 S.Ct. 1149 , 94 L.Ed.2d 347 (1987), in which the U.S. Supreme Court was unwilling to expand the plain view doctrine to allow for a warrantless "cursory inspection" or something less than a "full-blown search" within a home on the basis of reasonable suspicion. 480 U.S. at 328, 107 S.Ct. 1149 . | 1 | 2 |
State v. Merrillgreen2 sentences2000“Objects falling within the plain view of an officer, who has the right to be in the position to have such view, does not constitute a search.” State v. Merrill, 252 Neb. 510, 516 , 563 N.W.2d 340, 344 (1997). 2000“Objects falling within the plain view of an officer, who has the right to be in the position to have such view, does not constitute a search.” State v. Merrill, 252 Neb. 510, 516 , 563 N.W.2d 340, 344 (1997). | 1 | 1 |
State v. Konfrstgreen2 sentences1999See State v. Konfrst, 251 Neb. 214 , 556 N.W.2d 250 (1996). 1999See State v. Konfrst, 251 Neb. 214 , 556 N.W.2d 250 (1996). | 1 | 1 |
State v. Cravengreen2 sentences1999See State v. Craven, 253 Neb. 601 , 571 N.W.2d 612 (1997). 1999See State v. Craven, 253 Neb. 601 , 571 N.W.2d 612 (1997). | 1 | 1 |
State v. Jacksongreen1 sentence1997See, also, State v. Jackson, 276 N.J. | 1 | 1 |
State v. Trahangreen2 sentences1989See, State v. Trahan, 229 Neb. 683 , 428 N.W.2d 619 (1988); State v. West, 223 Neb. 241 , 388 N.W.2d 823 (1986). 1989See, State v. Trahan, 229 Neb. 683 , 428 N.W.2d 619 (1988); State v. West, 223 Neb. 241 , 388 N.W.2d 823 (1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Andera
green
2 sentences2022This presents a question of law, which we review independently of the trial court’s determination. 52 [23] It is well established that under certain circumstances, law enforcement may seize evidence in plain view without a warrant. 53 Under the plain view doctrine, if police officers are lawfully in a position from which they view an object, 52 See State v. Short, supra note 2 . 53 State v. Andera, 307 Neb. 686 , 950 N.W.2d 102 (2020). - 732 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. McGOVERN Cite as 311 Neb. 705 if its incriminating character is immediately apparent 2022This presents a question of law, which we review independently of the trial court’s determination. 52 [23] It is well established that under certain circumstances, law enforcement may seize evidence in plain view without a warrant. 53 Under the plain view doctrine, if police officers are lawfully in a position from which they view an object, 52 See State v. Short, supra note 2 . 53 State v. Andera, 307 Neb. 686 , 950 N.W.2d 102 (2020). - 732 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. McGOVERN Cite as 311 Neb. 705 if its incriminating character is immediately apparent | 3 | 2020–2022 |
Texas v. Brown
green
2 sentences2015In arguing that the plain view doctrine does not apply because Dempsey’s discovery of the beer can was not inadvertent, Devers cites State v. Holman, 221 Neb. 730 , 380 N.W.2d 304 (1986), in which the court, citing Texas v. Brown, 460 U.S. 730 , 103 S. Ct. 1535 , 75 L. 2015In arguing that the plain view doctrine does not apply because Dempsey’s discovery of the beer can was not inadvertent, Devers cites State v. Holman, 221 Neb. 730 , 380 N.W.2d 304 (1986), in which the court, citing Texas v. Brown, 460 U.S. 730 , 103 S. Ct. 1535 , 75 L. | 3 | 1986–2015 |
Horton v. California
green
2 sentences2015Horton v. California, 496 U.S. 128 , 110 S. Ct. 2301 , 110 L. 2015Horton v. California, 496 U.S. 128 , 110 S. Ct. 2301 , 110 L. | 2 | 1991–2015 |
State v. Bock (A169480)
green
1 sentence2022App. 329 , 485 P.3d 931 (2021). - 733 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. McGOVERN Cite as 311 Neb. 705 searches, “present ‘a heightened degree’ of intermingling of relevant and irrelevant material.” 58 A consequence of analogizing cell phones to filing cabinets or to containers is that “in any legitimate search that permits looking at digital data, potentially all data can be examined to ascertain what it is.” 59 Recently, the Oregon Court of Appeals determined that the breadth of a cell phone search made the plain view doctrine inapplicable where state agent | 1 | 2022–2022 |
State v. McGovern
green
2 sentences2022This presents a question of law, which we review independently of the trial court’s determination. 52 [23] It is well established that under certain circumstances, law enforcement may seize evidence in plain view without a warrant. 53 Under the plain view doctrine, if police officers are lawfully in a position from which they view an object, 52 See State v. Short, supra note 2 . 53 State v. Andera, 307 Neb. 686 , 950 N.W.2d 102 (2020). - 732 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. McGOVERN Cite as 311 Neb. 705 if its incriminating character is immediately apparent 2022App. 329 , 485 P.3d 931 (2021). - 733 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v. McGOVERN Cite as 311 Neb. 705 searches, “present ‘a heightened degree’ of intermingling of relevant and irrelevant material.” 58 A consequence of analogizing cell phones to filing cabinets or to containers is that “in any legitimate search that permits looking at digital data, potentially all data can be examined to ascertain what it is.” 59 Recently, the Oregon Court of Appeals determined that the breadth of a cell phone search made the plain view doctrine inapplicable where state agent | 1 | 2022–2022 |
State v. Caniglia
green
2 sentences2020App. 730 , 510 N.W.2d 372 (1993). 14 See id. 15 See id. 16 See id. 17 See id. - 693 - Nebraska Supreme Court Advance Sheets 307 Nebraska Reports STATE v. ANDERA Cite as 307 Neb. 686 warrant. 18 Here, we are not concerned with the situation in which there has been no Fourth Amendment search at all, which encompasses those circumstances in which an obser- vation is made by a police officer without a prior physical intrusion into a constitutionally protected area. 19 The plain view doctrine, which applies here, serves to supplement a prior justification for a search—such as consent—and per- mits 2020App. 730 , 510 N.W.2d 372 (1993). 14 See id. 15 See id. 16 See id. 17 See id. - 693 - Nebraska Supreme Court Advance Sheets 307 Nebraska Reports STATE v. ANDERA Cite as 307 Neb. 686 warrant. 18 Here, we are not concerned with the situation in which there has been no Fourth Amendment search at all, which encompasses those circumstances in which an obser- vation is made by a police officer without a prior physical intrusion into a constitutionally protected area. 19 The plain view doctrine, which applies here, serves to supplement a prior justification for a search—such as consent—and per- mits | 1 | 2020–2020 |
State v. Tyler
green
1 sentence2017State v. Tyler, 291 Neb. 920 , 870 N.W.2d 119 (2015). | 1 | 2017–2017 |
State v. Holman
green
2 sentences2015In arguing that the plain view doctrine does not apply because Dempsey’s discovery of the beer can was not inadvertent, Devers cites State v. Holman, 221 Neb. 730 , 380 N.W.2d 304 (1986), in which the court, citing Texas v. Brown, 460 U.S. 730 , 103 S. Ct. 1535 , 75 L. 2015In arguing that the plain view doctrine does not apply because Dempsey’s discovery of the beer can was not inadvertent, Devers cites State v. Holman, 221 Neb. 730 , 380 N.W.2d 304 (1986), in which the court, citing Texas v. Brown, 460 U.S. 730 , 103 S. Ct. 1535 , 75 L. | 1 | 2015–2015 |
State v. Keup
green
2 sentences2005State v. Keup, 265 Neb. 96 , 655 N.W.2d 25 (2003). 2005State v. Keup, 265 Neb. 96 , 655 N.W.2d 25 (2003). | 1 | 2005–2005 |
State v. Buckman
green
2 sentences2003State v. Buckman, 259 Neb. 924, 613 N.W.2d 463 (2000). 2003State v. Buckman, 259 Neb. 924, 613 N.W.2d 463 (2000). | 1 | 2003–2003 |
State v. Hinchey
green
2 sentences2002The Hinchey court went on to discuss the plain view doctrine which would have applied in that case if the deputy sheriff searching for property to levy execution upon had had lawful authority to enter the defendant’s home without a warrant and stated that the “legal justification for being in the [home] without a warrant is the critical issue.” Id. at 829 , 374 N.W.2d at 18 . 2002The Hinchey court went on to discuss the plain view doctrine which would have applied in that case if the deputy sheriff searching for property to levy execution upon had had lawful authority to enter the defendant’s home without a warrant and stated that the “legal justification for being in the [home] without a warrant is the critical issue.” Id. at 829 , 374 N.W.2d at 18 . | 1 | 2002–2002 |
United States v. James L. Hatten
green
1 sentence2000U.S. v. Hatten, 68 F.3d 257 (8th Cir. 1995). | 1 | 2000–2000 |
Payton v. New York
green
2 sentences1999The Texas v. Brown Court observed that ‘“[t]he seizure of property in plain view involves no invasion of privacy and is presumptively reasonable, assuming that there is probable cause to associate the property with criminal activity.’ ” (Emphasis omitted.) 460 U.S. at 741-42 , quoting Payton v. New York, 445 U.S. 573 , 100 S. Ct. 1371 , 63 L. 1999The Texas v. Brown Court observed that ‘“[t]he seizure of property in plain view involves no invasion of privacy and is presumptively reasonable, assuming that there is probable cause to associate the property with criminal activity.’ ” (Emphasis omitted.) 460 U.S. at 741-42 , quoting Payton v. New York, 445 U.S. 573 , 100 S. Ct. 1371 , 63 L. | 1 | 1999–1999 |
People v. Evans
green
1 sentence1999“Unlike in [People v. Evans, 259 Ill. | 1 | 1999–1999 |
State v. West
green
2 sentences1989See, State v. Trahan, 229 Neb. 683 , 428 N.W.2d 619 (1988); State v. West, 223 Neb. 241 , 388 N.W.2d 823 (1986). 1989See, State v. Trahan, 229 Neb. 683 , 428 N.W.2d 619 (1988); State v. West, 223 Neb. 241 , 388 N.W.2d 823 (1986). | 1 | 1989–1989 |
State v. Hansen
green
2 sentences1988State v. Hansen, 221 Neb. 103 , 375 N.W.2d 605 (1985). *549 As noted earlier, the defendants were originally arrested for the felony of possessing a burglary tool. 1988State v. Hansen, 221 Neb. 103 , 375 N.W.2d 605 (1985). *549 As noted earlier, the defendants were originally arrested for the felony of possessing a burglary tool. | 1 | 1988–1988 |
State v. Sotelo
neutral
2 sentences1987See, State v. Haselhorst, 218 Neb. 233 , 353 N.W.2d 7 (1984); State v. Longa, supra; State v. Sotelo, 197 Neb. 334 , 248 N.W.2d 767 (1977). 1987See, State v. Haselhorst, 218 Neb. 233 , 353 N.W.2d 7 (1984); State v. Longa, supra; State v. Sotelo, 197 Neb. 334 , 248 N.W.2d 767 (1977). | 1 | 1987–1987 |
State v. Romonto
green
2 sentences1976State v. Shepardson, 194 Neb. 673 , 235 N. W. 2d 218 (1975); State v. Romonto, 190 Neb. 825 , 212 N. W. 2d 641 (1973); State v. Smith, 184 Neb. 363 , 167 N. W. 2d 568 (1969). 1976State v. Shepardson, 194 Neb. 673 , 235 N. W. 2d 218 (1975); State v. Romonto, 190 Neb. 825 , 212 N. W. 2d 641 (1973); State v. Smith, 184 Neb. 363 , 167 N. W. 2d 568 (1969). | 1 | 1976–1976 |
State v. Smith
green
2 sentences1976State v. Shepardson, 194 Neb. 673 , 235 N. W. 2d 218 (1975); State v. Romonto, 190 Neb. 825 , 212 N. W. 2d 641 (1973); State v. Smith, 184 Neb. 363 , 167 N. W. 2d 568 (1969). 1976State v. Shepardson, 194 Neb. 673 , 235 N. W. 2d 218 (1975); State v. Romonto, 190 Neb. 825 , 212 N. W. 2d 641 (1973); State v. Smith, 184 Neb. 363 , 167 N. W. 2d 568 (1969). | 1 | 1976–1976 |
State v. Shepardson
green
2 sentences1976State v. Shepardson, 194 Neb. 673 , 235 N. W. 2d 218 (1975); State v. Romonto, 190 Neb. 825 , 212 N. W. 2d 641 (1973); State v. Smith, 184 Neb. 363 , 167 N. W. 2d 568 (1969). 1976State v. Shepardson, 194 Neb. 673 , 235 N. W. 2d 218 (1975); State v. Romonto, 190 Neb. 825 , 212 N. W. 2d 641 (1973); State v. Smith, 184 Neb. 363 , 167 N. W. 2d 568 (1969). | 1 | 1976–1976 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.