A-22-202, State of Nebraska (Appellee) v. Travis T. Svendgard (Appellant)
Washington County District Court, Judge John E. Samson, on appeal from the County Court of Washington County, Judge Francis W. Barron, III.
Attorney for Appellant: David V. Drew (Drew Law Firm)
Attorney for Appellee: Nathan A. Liss (Attorney General’s Office)
Criminal Action: First offense DUI and motion to suppress
Action Taken by the Trial Court: After hearing, the county court denied Appellant’s motion to suppress. The dispute on Appellant’s motion to suppress was whether a law enforcement officer’s failure to provide Appellant with a copy of a search warrant for a blood draw was subject to suppression absent a showing of prejudice. The county court determined that a showing of prejudice was required, and finding none, denied the motion to suppress. Following a subsequent bench trial, Appellant was found guilty of driving under the influence of alcohol, first offense. Appellant appealed to the district court, which affirmed.
Assignments of Error on Appeal: Appellant assigns, restated, that the district court erred affirming the county court’s denial of Appellant’s motion to suppress because the statutory violation at issue was subject to suppression absent a showing of prejudice.