End of Substantial Compliance with Nebraska's Wiretap Law - State v. Hinton, The

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Authors
Licata, Lon A.
Issue Date
1989
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Journal Article
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INTRODUCTION|With the Nebraska Supreme Court decision of State v. Hinton, the state has overcome every challenge to police noncompliance with Nebraska's wiretap statutes since the doctrine of substantial compliance was adopted. Judge Shanahan, in his dissent in Hinton, stated that this record represented "a batting average of 1,000, which would be an outstanding feat in the major leagues but is hardly a commendable indication of obedience to laws protecting the privacy of Nebraska's citizens." The combination of widespread dissatisfaction with the Hinton decision and a revamped federal wiretap statute, requiring mandatory conformity by the state, has prompted a new Nebraska wiretap law with stricter standards of compliance.|This Note will briefly review statutory and case law as it relates to wiretapping in Nebraska. Further, the changes in Nebraska's wiretap statutes as they relate to the Hinton decision will be analyzed. Finally, this Note will inquire into the future of the substantial compliance doctrine in wiretap cases...
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22 Creighton L. Rev. 475 (1988-1989)
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Creighton University School of Law
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