SUMMARY: The Fourth Amendment exclusionary rule does not apply to evidence obtained without a warrant that is admitted in a child protection proceeding.
On March 17, 2004, a neighbor reported finding Jasmine alone outside the trailer park where she lived. Jennifer, mother of Corey, Dylan, Jasmine and Bryanna, and Brett, father of Meisha and Remington, all lived together in a trailer. Police Officer Meyer testified Jennifer permitted them to enter the trailer; in contrast, Jennifer testified she only let the officers in because they told her she could not see Jasmine unless she allowed them to enter her home. Officer Meyer observed a dirty and unsanitary house; separate petitions were filed as to Jennifer and Brett on March 18, 2004. Prior to the adjudication hearing, both Jennifer and Brett filed motions to suppress any evidence obtained as a result of the warrantless entry into their home on March 17, but the juvenile court overruled both motions. All six children were adjudicated. Jennifer and Brett both appealed the adjudication, claiming the evidence should have been excluded from the proceedings because it violated their Fourth Amendment right to be free from searches and seizures.
The Nebraska Supreme Court held that the exclusionary rule does not apply in child protection proceedings. The Court noted that the purpose of the exclusionary rule is to deter violations of the Fourth Amendment; however, the exclusionary rule does not apply when the social costs of the rule outweigh any deterrent effect. In a child protection proceeding, the strong state interest in protecting children and the potential harm to the children outweigh any deterrent effect of the rule. Therefore, the exclusionary rule does not apply.