Franks analysis in Nebraska

2023GARCIA Cite as 315 Neb. 74 We note that Garcia does not identify what evidence ought to have been offered with regard to either the letters of reference or the alternate suspects.

2021ASSIGNMENTS OF ERROR Short assigns, reworded, that the district court erred when it (1) denied his motion to suppress the fruits of the search of his residence after the “Franks hearing,” when the affidavit in support of the search warrant provided insufficient evidence to support a finding of probable cause; (2) denied his motion to suppress the two cell phones taken from his person inci- dent to his unlawful arrest; (3) denied his motion to suppress the information obtained from a search of the contents of the two cell phones, because the phones were seized unlawfully and the warrant was iss

2018The basis of the Franks motion was that the affidavit accompanying the request for a search warrant included false statements made knowingly or intentionally or with reckless - 477 - Nebraska Supreme Court A dvance Sheets 301 Nebraska R eports STATE v. THOMPSON Cite as 301 Neb. 472 disregard for the truth.

2017Ed. 2d 667 (1978). - 920 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports STATE v. BRAY Cite as 297 Neb. 916 the evidence sufficient to warrant a Franks hearing, and the following evidence was adduced. 1.

2017Ed. 2d 667 (1978). - 920 - Nebraska Supreme Court A dvance Sheets 297 Nebraska R eports STATE v. BRAY Cite as 297 Neb. 916 the evidence sufficient to warrant a Franks hearing, and the following evidence was adduced. 1.

2004In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded *941 to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155-56 . • Hernandez argues he was entitled to a Franks hearing because evidence later showed that the vehicle was black instead of blue and p

2004In the event that at that hearing the allegation of perjury or reckless disregard is established by the defendant by a preponderance of the evidence, and, with the affidavit’s false material set to one side, the affidavit’s remaining content is insufficient to establish probable cause, the search warrant must be voided and the fruits of the search excluded *941 to the same extent as if probable cause was lacking on the face of the affidavit. 438 U.S. at 155-56 . • Hernandez argues he was entitled to a Franks hearing because evidence later showed that the vehicle was black instead of blue and p

1994In both State v. Utterback, 240 Neb. 981 , 485 N.W.2d 760 (1992), and State v. Groves, 239 Neb. 660 , 477 N.W.2d 789 (1991), we addressed the sufficiency of an affidavit in establishing probable cause for issuance of a search warrant unrelated to the veracity of the affiant and therefore outside the scope of the Franks analysis.

1994In both State v. Utterback, 240 Neb. 981 , 485 N.W.2d 760 (1992), and State v. Groves, 239 Neb. 660 , 477 N.W.2d 789 (1991), we addressed the sufficiency of an affidavit in establishing probable cause for issuance of a search warrant unrelated to the veracity of the affiant and therefore outside the scope of the Franks analysis.

1994In both State v. Utterback, 240 Neb. 981 , 485 N.W.2d 760 (1992), and State v. Groves, 239 Neb. 660 , 477 N.W.2d 789 (1991), we addressed the sufficiency of an affidavit in establishing probable cause for issuance of a search warrant unrelated to the veracity of the affiant and therefore outside the scope of the Franks analysis.

1994In both State v. Utterback, 240 Neb. 981 , 485 N.W.2d 760 (1992), and State v. Groves, 239 Neb. 660 , 477 N.W.2d 789 (1991), we addressed the sufficiency of an affidavit in establishing probable cause for issuance of a search warrant unrelated to the veracity of the affiant and therefore outside the scope of the Franks analysis.