In re Interest of Dana H.

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In re Interest of Dana H.

Case Number
A-15-0246
Call Date
November 18, 2015
Case Time
9:00 AM
Case Summary

A-15-0246, In re Interest of Dana H., a child under 18 years of age. State of Nebraska v. Dana H. (Appellant)

Separate Juvenile Court of Lancaster County, Judge Linda S. Porter

Attorneys for Appellant: Joseph Nigro and Chelsie E. Krell (Lancaster County Public Defender's Office)

Attorney for Appellee: Maureen E. Lamski (Lancaster County Attorney's Office)

Juvenile Action: Motion to Suppress

Action taken by the Trial Court: The juvenile court overruled Dana's motion to suppress evidence obtained during a warrantless search of his backpack and adjudicated him as a child within the meaning of Neb. Rev. Stat. ' 43-247(1) for having 'possession, custody, or control' of a switch-blade knife in violation of the Lincoln Municipal Code.

Assignments of Error and Issues on Appeal: Did the juvenile court err in overruling Dana's motion to suppress evidence obtained from a warrantless search of his backpack? Specifically, did the juvenile court err in finding that the search of Dana's backpack was justified at its inception? Furthermore, assuming that the juvenile court properly found the search to be justified at its inception, did the juvenile court err in finding that the search was permissible in scope?

Case Location
Lincoln
Panel Text
Moore, Chief Judge, Irwin, and Inbody, Judges