STATE v. EBERLY

No. S-05-1008.

716 N.W.2d 671 (2006)

271 Neb. 893

STATE of Nebraska, appellee, v. Grant EBERLY, appellant.

Supreme Court of Nebraska.

June 30, 2006.


Attorney(s) appearing for the Case

Mark E. Rappl, Lincoln, for appellant.

Jon Bruning, Attorney General, and Michael B. Guinan for appellee.

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


CONNOLLY, J.

While the appellant, Grant Eberly, was away from his home, police were dispatched there to investigate a burglary call. Police entered the home and found a marijuana-growing operation. After obtaining a search warrant, they seized the contraband. Eberly moved to suppress the evidence, but the court found the emergency doctrine justified the warrantless entry. Eberly appeals, arguing that the officers' initial entry violated the Fourth Amendment and its...

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