State v. Lammers, 267 Neb. 679

Summary

The Supreme Court of Nebraska affirmed Gregory Lammers' conviction for possession of methamphetamine with intent to deliver. The court held that the affidavit established probable cause for issuance of the search warrant, including through information supplied by an identified bank employee treated as a citizen informant. The court also held that the officers' knock-and-announce execution of the warrant was reasonable under the totality of the circumstances because a reasonable suspicion of imminent destruction of drug evidence had matured.

Holdings

1. The affidavit established probable cause because, viewed under the totality of the circumstances, it gave the issuing magistrate a substantial basis to find a fair probability that contraband or evidence of a crime would be found in Lammers's residence.
2. The forcible entry was reasonable under the Fourth Amendment because, considering the totality of the circumstances, the officers had a reasonable suspicion that drug evidence was imminently destructible after the two announcements and approximately 10 to 12 seconds of waiting.

Questions Presented

1. Whether the search-warrant affidavit established probable cause despite the bank employee's not being identified by name.
2. Whether officers reasonably executed the knock-and-announce warrant by forcibly entering the residence after knocking and announcing twice and waiting approximately 10 to 12 seconds.

Disposition

affirmed