A-23-0389, State of Nebraska v. Anthony J. Aguilar (Appellant)
District Court for Sarpy County, District Judge Stefanie A. Martinez
Attorney for Appellant: W. Randall Paragas (Paragas Law Offices)
Attorneys for Appellee: Michael T. Hilgers & Jacob M. Waggoner (Attorney General’s Office)
Criminal Action: Manufacturing a controlled substance (marijuana), possession of a firearm while in violation of Neb. Rev. Stat. § 28‑416(1) (Reissue 2016), and possession of marijuana (more than a pound)
Action taken by the Trial Court: Aguilar filed a motion to suppress evidence obtained during a search of his residence. His motion outlined that police were called to the residence about a parking violation; that they entered the residence “ostensibly” to check him; that police observed growing marijuana plants, a gun and ammunition, and other evidentiary items inside the residence; and that police then obtained a search warrant based on information gained from “unconstitutional searches and seizures.” The trial court denied Aguilar’s motion to suppress. Following a bench trial on stipulated facts, the court found Aguilar guilty of manufacturing a controlled substance (marijuana), possession of a firearm while in violation of § 28-416(1), and possession of marijuana (more than a pound).
Assignment of Error on Appeal: Did the trial court err in denying Aguilar’s motion to suppress?