Fourth Amendment Erosion in Nebraska - The Affidavit Attachment-Incorporation Rule and the Good Faith Exception to the Exclusionary Rule: State v. Kleinberg
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Authors
Henkel, Lisa M.
Issue Date
1989
Volume
22
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Recently, the Nebraska Supreme Court in State v. Kleinberg found that an invalid warrant could be cured by reference to the attached signed affidavit or by the police officer's good faith in execution of the warrant. The court seemed to imply that if either the affidavit or the officer's good faith had been present the search warrant would have been valid. The dissent, although recognizing the "ever-increasing extension of the meaning of search warrants," was concerned about invading constitutionally protected privacy rights. The dissent reasoned that by not "relying on the language within the four corners of the warrant itself" police officers would quickly assume that they have more power than the magistrate who issues the search warrant. This Note discusses the history of the fourth amendment and examines the ramifications of the court's decision in allowing affidavits or good faith to cure defective search warrants...
Description
Citation
22 Creighton L. Rev. 513 (1988-1989)
Publisher
Creighton University School of Law