S-16-0874 State v. Ethan Bray (Appellant)
Nemaha County, Judge Daniel E. Bryan, Jr.
Attorneys: Keith M. Kollasch (Public Defender for Appellant) --- Austin N. Relph (Attorney General’s Office)
Criminal: Possession of a controlled substance with intent to deliver; possession of a controlled substance (3 counts); and Possession of money used or intended to facilitate a violation of 28-416(1).
Proceedings below: Appellant was charged with the above crimes. He filed a motion to suppress evidence which was denied after a hearing. The matter proceeded to a stipulated trial to the court wherein Appellant was found guilty. He was sentenced to a term of probation of 4 years. He appeals his convictions and sentence. The State filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: 1. The court erred in denying Appellant’s motion to suppress in finding consent was voluntarily given and an act of free will by Appellant after finding the search warrant deficient due to a violation of Franks v. Delaware, 438 U.S. 154 (1978). 2. The court erred in fining the evidence Appellant was seeking to suppress was sufficiently attenuated from the illegal search.