Nebraska Court Issues Poor Search Decision
John Wesley Hall, author of the legal text book Search and Seizure (3rd Ed. 2000), who monitors new fourth amendment cases daily over at FourthAmendment.com (a free site with online supplements to his book) writes of a quirky Nebraska decision. A minor is stopped for a traffic offense and then asked for consent to search. The Court holds the consent is valid because the juvenile was free to go even though he was never told so. The case is In re Clinton G. (2003) 12 Neb App 178, 2003 Neb App Lexis 253.
This court finds that a minor would know he was free to go because of prior case law which he was expected to be on notice of; what a crock. This case is so off the wall that I shouldn't even include it in the Book Updates except that Nebraskans need to know that they are in a police state.
| < Did You Fly Jet Blue? | Al-Hawabi Facing Possible Death Sentence > |