A-23-953, State v. Shaquille Falcon (Appellant)
Lancaster County, District Court, Judge Susan I. Strong
Attorney for Appellant: Robert Wm. Chapin, Jr.
Attorneys for Appellee: Michael T. Hilgers and Teryn Blessin (Nebraska Attorney General’s Office)
Criminal Action: Possession of a Firearm by a Prohibited Person and DUI
Action Taken by Trial Court: The district court overruled Falcon’s motion to suppress evidence obtained from a vehicle. Then, during the jury trial, the district court allowed several exhibits related to a search warrant for Falcon’s Facebook account to be admitted into evidence. Following the trial, the jury found Falcon found guilty of possession of a firearm by a prohibited person and DUI. The district court sentenced Falcon to consecutive terms of 8 to 12 years’ imprisonment for possessing the firearm and 30 to 60 days’ imprisonment on the DUI.
Assignments of Error on Appeal: Falcon assigns that the district court erred by (1) not suppressing the evidence that was found as the search of the vehicle was without probable cause or a reasonable suspicion that Falcon was involved in criminal activity; (2) allowing exhibits 55, 56, 57-61, and 63-66 when such exhibits lacked foundation, were altered by the State, and deprived Falcon of the right to confront the person who allegedly put the exhibit together; and (3) allowing Jury Instruction #4. Falcon also assigns (4) there was insufficient evidence to support his convictions.