IN RE 3628 V STREET

No. S-00-007.

628 N.W.2d 272 (2001)

262 Neb. 77

In re Search Warrant for 3628 V STREET, Omaha, Douglas County, Nebraska. State of Nebraska, Appellant, v. Jeffrey Rybin, Appellee.

Supreme Court of Nebraska.

June 29, 2001.


Attorney(s) appearing for the Case

James S. Jansen, Douglas County Attorney, and Robert Francis Cryne, Omaha, for appellant.

Michael J. Tasset, Oakland, of Johnson and Mock, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


HENDRY, Chief Justice.

INTRODUCTION

Jeffrey Rybin filed a motion to unseal an affidavit used in support of a search warrant issued for his home, asserting a right of public access under the First Amendment to the U.S. Constitution. The district court ordered that the affidavit be unsealed, and the State appealed.

FACTUAL BACKGROUND

On August 17, 1998, Special Agent Farrell Fisher, of the U.S. Drug Enforcement Administration (DEA), applied...

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