Every Cloud Engenders Not a Storm: Rebalancing Rights after State v. Arnold
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Jahnke, Michael W.
INTRODUCTION|On June 8, 1983, the United States Supreme Court decided the case of Illinois v. Gates, establishing a change regarding use of hearsay in affidavits submitted to obtain search warrants. On July 1, 1983, the Nebraska Supreme Court, in the case of State v. Arnold, determined that a similar alteration was appropriate in Nebraska.|Initially, the Supreme Court of the United States had perceived the Gates case as a possible means for adopting a "good faith" exception to the exclusionary rule; however, "with apologies to all " Justice Rehnquist, writing for the majority, explained that because the issue had not been properly raised below, the requested briefing of this subject had been for naught.|Instead, the Court determined that the time was right for abandoning its established standard for evaluating the usefulness of informants' tips. The Court had previously applied a "two-pronged" test which set forth specific requirements for deciding whether probable cause existed for the issuance of a search warrant based on an affidavit reciting hearsay. In its place, the Gates Court set forth a "totality of the circumstances" approach, thought to more traditionally govern probable cause determinations in general...
18 Creighton L. Rev. 357 (1984-1985)
Creighton University School of Law