S-19-0697 State of Nebraska v. Richard Saitta (Appellant)
Douglas County District Court, Judge J. Russell Derr
Attorneys: Jordan Osborne (Office of the Attorney General, for Appellee); Mary M. Dvorak (Douglas County Public Defender’s Office, for Appellant)
Criminal: Probable cause; Search warrant
Proceedings Below: Following a suppression hearing on January 3, 2019, the trial court found Appellant was initially involved in a consensual tier-one encounter with law enforcement, that law enforcement then lawfully detained Appellant for purposes of an investigatory detention, and that probable cause for a search warrant existed. The trial court further found the existence of probable cause provided a valid exception to the search warrant requirement, such that the search was lawful, and thereafter denied Appellant’s motion to suppress. Following a bench trial by stipulated facts, Appellant was convicted of possession of a controlled substance, a class IV felony. Appellant was sentenced to a term of probation for one year.
Issues: Whether the trial court committed reversible error when it found 1) reasonable and articulable suspicion of criminal activity existed to support Appellant’s detention; 2) probably cause existed to search Appellant’s glove; and 3) probable cause to conduct a search provides a valid exception to the Fourth Amendment’s warrant requirement.