State v. Gonzalez

3 Citing cases

  1. State v. Baltimore

    242 Neb. 562 (Neb. 1993)   Cited 25 times
    Holding that defendant who had only entered neighbor's house to use the bathroom did not have a legitimate expectation of privacy, despite the fact that defendant was occasionally given a key to the house for purpose of using the garden hose

    U.S. v. Davis, 932 F.2d 752, 757 (9th Cir. 1991). In State v. Gonzalez, 211 Neb. 697, 320 N.W.2d 107 (1982), cert. denied 459 U.S. 1039, 103 S.Ct. 454, 74 L. Ed. 2d 607, we held that Gonzalez lacked standing to challenge the search of a duplex from which he had recently departed, because "[t]here was no showing whether the defendant was, in fact, ever residing at the [duplex], rented or owned the property, exercised any type of control over the property, or kept any clothing or personal belongings at the property." 211 Neb. at 703, 320 N.W.2d at 111.

  2. State v. Cortis

    237 Neb. 97 (Neb. 1991)   Cited 35 times
    In State v. Cortis, 237 Neb. 97, 465 N.W.2d 132 (1991), the guest had stayed overnight on prior occasions, but the host had not seen the guest for two or three weeks before the search.

    The shed was kept locked, and only Harms and Jurgens had keys to the lock. In State v. Gonzalez, 211 Neb. 697, 320 N.W.2d 107 (1982), cert. denied 459 U.S. 1039, 103 S.Ct. 454, 74 L. Ed. 2d 607, the Omaha police, on the basis of confidential, reliable information, placed a residence located on Frederick Street under surveillance. Police officers followed a man leaving that residence to a duplex located on Jackson Street.

  3. State v. Peery

    223 Neb. 556 (Neb. 1986)   Cited 20 times
    In State v. Peery, 223 Neb. 556, 391 N.W.2d 566 (1986), we reaffirmed our earlier holding in State v. Rust, 223 Neb. 150, 388 N.W.2d 483 (1986), cert. denied 481 U.S. 1042, 107 S.Ct. 1987, 95 L.Ed.2d 826 (1987), that 29-2006(3) is constitutional with regard to the 6th and 14th Amendments.

    Absent that expectation, there can have been no unreasonable search of the box. State v. Havlat, 222 Neb. 554, 385 N.W.2d 436 (1986); State v. Searles, 214 Neb. 849, 336 N.W.2d 571 (1983); State v. Gonzalez, 211 Neb. 697, 320 N.W.2d 107 (1982).