1. Constitutional Law: Search and
Seizure: Motions to Suppress: Appeal and Error. In
reviewing a trial court's ruling on a motion to suppress
based on a claimed violation of the Fourth Amendment, an
appellate court applies a two-part standard of review.
Regarding historical facts, an appellate court reviews the
trial court's findings for clear error. But whether those
facts trigger or violate Fourth Amendment protections is a
question of law that an appellate court reviews independently
of the trial court's determination.
Constitutional Law: Confessions: Miranda Rights: Motions to
Suppress: Appeal and Error. In reviewing a motion to
suppress a statement based on its claimed involuntariness,
including claims that law enforcement procured it by
violating the safeguards established by the U.S. Supreme
Court in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct.
1602, 16 L.Ed.2d 694 (1966), an appellate court applies a
two-part standard of review. Regarding historical facts, an
appellate court reviews the trial court's findings for
clear error. But whether those facts meet constitutional
standards is a question of law, which an appellate court
reviews independently of the trial court's determination.
Constitutional Law: Search and Seizure. It is well
settled under the Fourth Amendment that warrantless searches
and seizures are per se unreasonable, subject to a few
specifically established and well-delineated exceptions.
Warrantless Searches. The warrantless search
exceptions recognized by the Nebraska Supreme Court include:
(1) searches undertaken with consent, (2) searches under
exigent circumstances, (3) inventory searches, (4) searches
of evidence in plain view, and (5) searches incident to a
Neb.App. 707] 5. Constitutional Law:
Search and Seizure: Duress. To be effective under
the Fourth Amendment, consent to a search must be a free and
unconstrained choice and not the result of a will overborne.
Consent must be given voluntarily and not as the result of
duress or coercion, whether express, implied, physical, or
Search and Seizure: Duress. In determining
whether consent was coerced, account must be taken of subtly
coercive police questions, as well as the possibly vulnerable
subjective state of the person who consents.
Constitutional Law: Search and Seizure. The
Fourth Amendment test for a valid consent to search is that
the consent be voluntary, and voluntariness is a question of
fact to be determined from the totality of the circumstances.
Constitutional Law: Miranda Rights:
Self-Incrimination. Miranda v. Arizona, 384
U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), prohibits the
use of statements stemming from the custodial interrogation
of a defendant unless the prosecution demonstrates the use of
procedural safeguards effective to secure the privilege
Miranda Rights. Miranda protections
apply only when a person is both in custody and subject to
Miranda Rights: Arrests: Words and Phrases.
A person is in custody for purposes of Miranda v.
Arizona, 484 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694
(1966), when there is a formal arrest or a restraint on
one's freedom of movement to the degree associated with
such an arrest.
Miranda Rights. Two inquiries are essential
to the determination of whether an individual is in custody
for Miranda purposes: (1) an assessment of the
circumstances surrounding the interrogation and (2) whether,
given those circumstances, a reasonable person would have
felt that he or she was not at liberty to terminate the
interrogation and leave.
from the District Court for Lancaster County: Darla S. Ideus,
R. Lamb and Hannah E. Carroll-Altman, Senior Certified Law
Student, of Anderson, Creager & Wittstruck, PC, L.L.O.,
Douglas J. Peterson, Attorney General, and Siobhan E. Duffy
Neb.App. 708] Pirtle, Bishop, and Arterburn, Judges.
bench trial in the district court for Lancaster County.
Gilberto Zuniga was convicted of one count of delivery or
possession with intent to deliver methamphetamine. On appeal,
he challenges the district court's order overruling his
motion to suppress evidence obtained during a warrantless
search of his apartment and his motion to ...