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State v. Utterback
Nebraska Supreme Court
485 N.W.2d 760 (1992)
Police obtained a warrant to search the home of Randall Utterback (defendant). The affidavit in support of the warrant stated that an unpaid and unhabitual confidential informant informed police that he had purchased marijuana from Utterback in the past six months and during a recent visit to Utterback’s home, saw a large amount of marijuana; smaller amounts of hashish, cocaine, LSD, and PCP; and two loaded automatic weapons that he believed were an AK-47 assault rifle and Uzi submachine gun. The affidavit also stated that police confirmed through vehicle registration and utility records that Utterback lived at the address the informant had described. While executing the warrant, police found 570 grams of marijuana. The state (plaintiff) charged Utterback. Utterback challenged the warrant, arguing that the warrant affidavit did not establish the confidential informant’s reliability and veracity. Utterback was convicted and appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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