STATE v. TOMPKINS

No. S-05-212.

723 N.W.2d 344 (2006)

272 Neb. 547

STATE of Nebraska, appellee, v. Andrew TOMPKINS, appellant.

Supreme Court of Nebraska.

November 9, 2006.


Attorney(s) appearing for the Case

Brian J. Lockwood, Deputy Scotts Bluff County Public Defender, for appellant.

Jon Bruning, Attorney General, and Kimberly A. Klein for appellee.

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


CONNOLLY, J.

We granted appellant's petition for further review. The Nebraska Court of Appeals determined that the police officer's supporting affidavit did not support the issuance of a search warrant. Nevertheless, on its own motion, without the issue being raised in the trial court, the Court of Appeals determined that the search was valid under the good faith exception set forth in United States v. Leon, 468 U.S. 897, 104...

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