State v. Rolenc

4 Citing cases

  1. State v. Lopez-Martinez

    No. A-22-828 (Neb. Ct. App. Feb. 28, 2023)

    This court further addressed the good faith exception to the exclusionary rule in State v. Rolenc, 24 Neb.App. 282, 885 N.W.2d 568 (2016). In that case, a police officer on patrol checked the license plate of Rolenc's vehicle and after learning he was the registered owner, the officer checked Rolenc's driver's license status in the Nebraska Criminal Justice Information System (NCJIS) and learned that his driver's license was revoked.

  2. State v. McElrath

    No. W2015-01794-SC-R11-CD (Tenn. Mar. 12, 2019)

    clusionary rule where officers reasonably relied on erroneous NCIC report of an outstanding Alabama warrant for defendant's arrest); Domino v. Crowley City Police Dep't, 65 So.3d 289 (La. Ct. App. 2011) (applying "good-faith" exception to exclusionary rule where officer reasonably relied on validly issued warrant, which warrant he in good-faith did not know had been recalled); State v. Johnson, 6 So.3d 195, 196 (La. Ct. App. 2009) (applying Herring good-faith exception to drugs seized when officer pulled over defendant for a valid traffic stop, learned of an arrest warrant issued from same county—which was later determined to be invalid—through database maintained by same county, and attempted to verify the warrant through NCIC but system was down); McCain v. State, 4 A.3d 53, 65 (Md. Ct. Spec. App. 2010) (recognizing good-faith exception based on officer's reasonable reliance on information contained in the state motor vehicle registration that was later determined to be inaccurate); State v. Rolenc, 885 N.W.2d 568 (Neb. Ct. App. 2016) (adopting good-faith exception and admitting evidence obtained pursuant to search incident to arrest that was based on incorrect information in driver's license database); State v. Bromm, 826 N.W.2d 270, 276 (Neb. 2013) (admitting evidence of driving under the influence pursuant to good-faith exception when officer pulled over the vehicle driven by defendant for suspicion of falsified tags based on erroneous information from county clerk's office); State v. Geiter, 942 N.E.2d 1161 (Ohio Ct. App. 2010) (applying "good-faith" exception to exclusionary rule where officer was objectively reasonable in relying on erroneous information conveyed via police dispatch); Bellamy v. Commonwealth, 60 Va. App. 125, 132 (Va. Ct. App. 2012) (applying good-faith exception to allow introduction of evidence obtained as a result of officer's reasonable belief that an arrest warrant for defendant was outstanding, relying on information from dispatcher that was later deemed to be erroneous); see also State

  3. State v. McElrath

    569 S.W.3d 565 (Tenn. 2019)   Cited 5 times

    e officers reasonably relied on erroneous NCIC report of an outstanding Alabama warrant for defendant’s arrest); Domino v. Crowley City Police Dep't , 65 So.3d 289 (La. Ct. App. 2011) (applying "good-faith" exception to exclusionary rule where officer reasonably relied on validly issued warrant, which warrant he in good-faith did not know had been recalled); State v. Johnson , 6 So.3d 195, 196 (La. Ct. App. 2009) (applying Herring good-faith exception to drugs seized when officer pulled over defendant for a valid traffic stop, learned of an arrest warrant issued from same county—which was later determined to be invalid—through database maintained by same county, and attempted to verify the warrant through NCIC but system was down); McCain v. State , 194 Md.App. 252, 4 A.3d 53, 65 (Md. Ct. Spec. App. 2010) (recognizing good-faith exception based on officer’s reasonable reliance on information contained in the state motor vehicle registration that was later determined to be inaccurate); State v. Rolenc , 24 Neb.App. 282, 885 N.W.2d 568 (2016) (adopting good-faith exception and admitting evidence obtained pursuant to search incident to arrest that was based on incorrect information in driver’s license database); State v. Bromm , 285 Neb. 193, 826 N.W.2d 270, 276 (2013) (admitting evidence of driving under the influence pursuant to good-faith exception when officer pulled over the vehicle driven by defendant for suspicion of falsified tags based on erroneous information from county clerk’s office); State v. Geiter, 190 Ohio App.3d 541, 942 N.E.2d 1161 (2010) (applying "good-faith" exception to exclusionary rule where officer was objectively reasonable in relying on erroneous information conveyed via police dispatch); Bellamy v. Commonwealth , 60 Va. App. 125, 132, 724 S.E.2d 232 (Va. Ct. App. 2012) (applying good-faith exception to allow introduction of evidence obtained as a result of officer’s reasonable belief that an arrest warrant for defendant was outstanding, relying on information from dispatcher that was later deeme

  4. State v. McCrickert

    890 N.W.2d 798 (Neb. Ct. App. 2017)   Cited 1 times

    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. State v. Rolenc, 24 Neb.App. 282, 885 N.W.2d 568 (2016).ANALYSISMcCrickert asserts there was no probable cause or reasonable suspicion for Vance to initiate the traffic stop which led to the discovery of marijuana in his vehicle; thus, he argues the evidence should have been suppressed.