No. 24-798

Kay E. Anderson v. Nebraska

Lower Court: Nebraska
Docketed: 2025-01-27
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-rights criminal-conviction evidence-suppression fraudulent-misrepresentation search-warrant state-statute
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2025-03-07
Question Presented (from Petition)

Whether a party can be convicted of a crime based upon evidence obtained under a search warrant that was declared invalid because it was procured by fraudulent misrepresentations and in violation of a state statute?

Did the Nebraska Supreme Court properly interpret the holding in Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523, 87 S. Ct. 1727, 18 L.Ed.2d 930 (1967) in finding that residents do not have a constitutional right to refuse a request for a warrantless search before an inspection warrant may be issued?

Question Presented (AI Summary)

Whether a party can be convicted of a crime based upon evidence obtained under a search warrant that was declared invalid because it was procured by fraudulent misrepresentations and in violation of a state statute?

Docket Entries

2025-03-10
Petition DENIED.
2025-02-19
DISTRIBUTED for Conference of 3/7/2025.
2025-02-13
Waiver of right of respondent State of Nebraska to respond filed.
2024-11-23
Petition for a writ of certiorari filed. (Response due February 26, 2025)

Attorneys

Kay E Anderson
Diana J. VogtSherrets Bruno & Vogt LLC, Petitioner
State of Nebraska
Kevin James SlimpOmaha City Prosecutor, Respondent