Lincoln Criminal Defense Law Blog

Violent crimes often dominate headlines, so more often than not, district attorneys and law enforcement agencies in Nebraska are focused on solving murders, rapes and armed robberies. When they are not prosecuting these cases, drug crimes garner much of the state's precious resources.

This leaves financial crimes (aka white collar crimes) with few resources, even though they have just as much an impact on Nebraskans as traditional crimes. 

Because of this, a number of states are changing how they approach and prosecute white collar crimes. 

The advent of modern technology is making police work easier, especially with how search warrants are being obtained. According to a recent USA Today report, an increasing number of law enforcement agencies are using e-warrants to expedite searches. Essentially, an officer can create a warrant application from his or her patrol car using software that will email the application to a waiting judge, who can review (and in some limited cases, ask questions) the petition and give a decision in minutes.

Proponents of the new software applaud the ease of use and its efficiency. This is especially important given how some DUI suspects opt to refuse blood tests in order to avoid harsh criminal penalties. At the same time, law enforcement is constantly wary of how important evidence may dissipate while waiting for a blood test (or a warrant granting officers permission to conduct one).

Prescription drug possession crimes in Nebraska remain a problem. The story of a teenage boy who was suspected of distributing these drugs at a Kearney youth center exemplifies the issue that law enforcement, legislators and parents alike are dealing with.

According to an Omaha.com report, the 17-year-old was from Wilber, Nebraska and was staying at the Youth Rehabilitation and Treatment Center in Kearney. Prosecutors reported that during a search for missing silverware in the center, the teen's backpack was searched and authorities found 13 prescription pills, including oxycodone and tramadol.

A number of our posts focus on the right of law enforcement to use a drug sniffing dog to inspect a vehicle (especially on Interstate 80). Essentially, such an act constitutes a search under the Fourth Amendment, and law enforcement must have probable cause to initiate this type of search.

However, do the Fourth Amendment protections extend to a home, most notably, the porch or doorstep of a residence? The United States Supreme Court recently issued a ruling to answer this question. In Florida v. Jardines, a resident was charged with illegally growing marijuana after a drug sniffing dog was sent to the porch of a suspected home. The dog "alerted" once reaching the porch, which ostensibly gave police probable cause to obtain a warrant. The marijuana was then discovered in the home.