10 Nebraska opinions name it 2 courts 1990–2024 1 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. Hoerlegreen2 sentences2018Specifically, the district court found that the county court properly denied Toland’s motion to suppress the results of her urine test because (1) the urine test was lawfully obtained without a warrant as a search incident to arrest based upon the framework set forth in Birchfield, (2) she consented to provide the urine sample, and (3) even if the urine sample was unlawfully obtained, the good faith exception to the warrant requirement applied for the same reasons that it applied to the pre-Birchfield blood draw in State v. Hoerle, 297 Neb. 840 , 901 N.W.2d 327 (2017). 2018Specifically, the district court found that the county court properly denied Toland’s motion to suppress the results of her urine test because (1) the urine test was lawfully obtained without a warrant as a search incident to arrest based upon the framework set forth in Birchfield, (2) she consented to provide the urine sample, and (3) even if the urine sample was unlawfully obtained, the good faith exception to the warrant requirement applied for the same reasons that it applied to the pre-Birchfield blood draw in State v. Hoerle, 297 Neb. 840 , 901 N.W.2d 327 (2017). | 1 | 1 |
State v. Dakegreen2 sentences1998The Supreme Court has stated that “while ... the police cannot hamper a motorist’s efforts to obtain independent testing, they are under no duty to assist in obtaining such testing beyond allowing telephone calls to secure the test.” State v. Dake, 247 Neb. 579, 584 , 529 N.W.2d 46, 49 (1995). 1998The Supreme Court has stated that “while ... the police cannot hamper a motorist’s efforts to obtain independent testing, they are under no duty to assist in obtaining such testing beyond allowing telephone calls to secure the test.” State v. Dake, 247 Neb. 579, 584 , 529 N.W.2d 46, 49 (1995). | 1 | 1 |
State v. Burlinggreen2 sentences1990See *535 State v. Burling, 224 Neb. 725 , 400 N.W.2d 872 (1987). 1990See *535 State v. Burling, 224 Neb. 725 , 400 N.W.2d 872 (1987). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gonzales v. Nebraska Pediatric Practice
green
2 sentences2019The designation listed various methodologies which Dr. Lawrence used in his analy- sis, including the “Case Study Method,” the “SOAP Process,” the “Differential Diagnosis Method,” and the “Differential Etiology Method.” The designation offered Dr. Lawrence’s opinion that Dr. Joekel was required by the applicable standard of care to prop- erly monitor, treat, and diagnose Joaquin during his emergency department visit to Children’s on August 7, 2012, including putting EBV encephalitis and meningitis on the differential diagnosis; ordering laboratory work, including a complete blood count test, a 2019The designation listed various methodologies which Dr. Lawrence used in his analy- sis, including the “Case Study Method,” the “SOAP Process,” the “Differential Diagnosis Method,” and the “Differential Etiology Method.” The designation offered Dr. Lawrence’s opinion that Dr. Joekel was required by the applicable standard of care to prop- erly monitor, treat, and diagnose Joaquin during his emergency department visit to Children’s on August 7, 2012, including putting EBV encephalitis and meningitis on the differential diagnosis; ordering laboratory work, including a complete blood count test, a | 2 | 2019–2019 |
Raskey v. Hulewicz
green
2 sentences2007In Raskey v. Hulewicz, 185 Neb. 608 , 177 N.W.2d 744 (1970), the trial court refused to admit evidence as to the result of a urine test due to lack of foundation. 2007In Raskey v. Hulewicz, 185 Neb. 608 , 177 N.W.2d 744 (1970), the trial court refused to admit evidence as to the result of a urine test due to lack of foundation. | 2 | 2007–2007 |
State v. Tvrdy
neutral
1 sentence2024TVRDY Cite as 315 Neb. 756 Tvrdy was initially charged with motor vehicle homicide while under the influence, a Class IIA felony. 1 The information against him was later amended to add a charge of unlawful act manslaughter, 2 with the unlawful act of driving under the influence, also a Class IIA felony. 3 The motor vehicle homicide charge was dismissed prior to trial, and Tvrdy proceeded to trial on only the manslaughter charge. | 1 | 2024–2024 |
State v. Degarmo
green
1 sentence2020Degarmo challenges the admission at trial of the results of the warrantless urine test, - 682 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports STATE v. DEGARMO Cite as 305 Neb. 680 relying on the U.S. Supreme Court’s opinion in Birchfield v. North Dakota. 1 Because we conclude Degarmo consented to the urine test and the results were thus admissible, we do not address the Birchfield issue. | 1 | 2020–2020 |
Diaz-Esparza v. Sessions
green
1 sentence2018As the Nebraska Supreme Court held in State v. Hoerle, 297 Neb. 840, 846-47 , 901 N.W.2d 327, 332 (2017), cert. denied 138 S. Ct. 1986 (2018): The Fourth Amendment does not expressly preclude the use of evidence obtained in violation of its commands. | 1 | 2018–2018 |
State v. Rothenberger
green
1 sentence2016Rothenberger argues that because Shepard and Chitwood were not certified DRE officers, they could not eliminate - 829 - Nebraska Supreme Court A dvance Sheets 294 Nebraska R eports STATE v. ROTHENBERGER Cite as 294 Neb. 810 the possibility that his impairment was caused by a medical condition and thus could not form “reasonable grounds” to believe he was driving under the influence of drugs. | 1 | 2016–2016 |
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.