State v. Manning, 263 Neb. 61

Summary

The Nebraska Supreme Court reviewed the denial of Diann M. Manning’s motions to suppress evidence discovered in her purse during execution of a search warrant at her residence. The court held that although the warrant was invalid, Manning’s voluntary consent to the purse search was sufficiently attenuated from the initial illegality, and it affirmed her conviction for possession of a controlled substance.

Holdings

1. When an initial search is illegal, the appellate court reviews whether subsequently obtained evidence is sufficiently attenuated from that illegality for clear error, rather than de novo, unless the underlying question involves reasonable suspicion or probable cause.
2. Manning's voluntary consent to search her vehicle and purse was sufficiently attenuated from the allegedly illegal search warrant execution, so the methamphetamine was not suppressible as fruit of the poisonous tree.

Questions Presented

1. What standard of review applies to an appellate court's determination whether evidence is sufficiently attenuated from an initially illegal search?
2. Whether Manning's voluntary consent to search her purse was sufficiently attenuated from the allegedly invalid search warrant to purge the taint of the initial illegality.

Disposition

affirmed