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Blog Posts in January, 2015

  • Nebraska Criminal Law Case Summaries

    || 28-Jan-2015

    State v. Piper, 289 Neb. 364, Oct. 31, 2014 Issues on Appeal: The issues on appeal were whether the trial court erred in (1) holding that the rules of evidence do not apply at suppression hearings and (2) denying Piper's motion to suppress based upon the legality of a DUI checkpoint. Facts: In 2012, Piper was stopped at a vehicle checkpoint near Scottsbluff. Trooper Peterson alleged that Piper ...
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  • The Legal Enterprise of Conspiracy and Theft

    || 27-Jan-2015

    One specialty of the Berry Law Firm, is the defense of persons charged with drug trafficking along the Intestate in Nebraska. It is very common for an eastbound vehicle in Nebraska to be pulled over, and the driver arrested and cited for possession of a controlled substance with the intent to deliver the same. Depending on the substance involved, the crime carries a possible penalty of up to 50 ...
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  • The legalization of marijuana in Colorado combined with Interstate 80 have resulted in a increase in the number of criminal arrests and convictions in the State of Nebraska for people traveling with marijuana. In the State of Nebraska, it is illegal to possess marijuana. The penalties associated with possession vary depending upon the weight of the marijuana. Nebraska Revised Statute §28-416 ...
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  • Asset Forfeiture & Interstate Drug Stops in Nebraska

    || 20-Jan-2015

    Forfeiture is a penalty used to take the profit out of crime. It is also big business for the government. However in January of 2015, Attorney General Eric Holder announced that he would not allow local and state police to continue to seize cash and other property without criminal charges or warrants. In the state of Nebraska, one of the most common forfeiture cases is an interstate drug stop ...
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  • Prescription medication is rapidly developing. Doctors want to use the best in science and medicine to help their patients. One of the negative effects of modern medicine is the patient's potential addiction to prescribed drugs resulting in criminal charges. Today it is not just the illegal prescription drug user who is prosecuted; everyone involved in the distribution of controlled substances ...
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  • False Confessions

    || 16-Jan-2015

    The goal of any police interrogation is to get a confession. Police do not interrogate people they believe to be innocent. There is a long history of people confessing to committing crimes they did not commit. In Nebraska, one need look no further than the Beatrice 6 or the Mathew Livers case to see evidence that false confessions happen during interrogations. Often, a criminal defendant will ...
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  • Prosecutorial Misconduct

    || 15-Jan-2015

    If the police violate a citizen's constitutional rights, the evidence unlawfully obtained is not admissible in court. Often when a judge suppresses the illegally obtained evidence, the defendant wins the case. Thus because law enforcement officers understand that their misconduct may cause the suspect to go free, they are deterred from violating that suspect's rights. The same is not true ...
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  • The Keystone Pipeline is again in the news as Congress gets ready to approve the pipeline route through Nebraska. The pipeline, which has already been completed in several states, is a 36-inch pipe that would carry 830,000 barrels of crude oil per day, mostly originating in Canadian tar sands, to be refined on the Gulf Coast, in Texas. Proponents of the pipeline are optimistic they have sufficient ...
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  • Attorneys rarely see people at their best. Typically, there is a problem, be it a crime, injury, contract dispute, trouble dispersing a deceased loved one's assets, etc, and talking to an attorney is seen as a "last resort" in order to solve the problem. Often, however, had the client come in when the problem was first discovered, much time, money, and stress could have been saved. ...
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