Out of state bench warrant no good for residential drug search

State v. Ruegge (Not Designated for Permanent Publication)(April 12, 2005.) Nos. A-04-1038, A-04-1039. Police searched defendant's home who had an outstanding misdemeanor warrant from Iowa. Court held search and seizure unconstitutional because out of state warrant not valid authority to enter home, unless Police get a Nebraska warrant first. Court found failure to obtain Nebraska warrant violated state law but also against US Fourth Amendment. U.S. v. Frank, 8 F. Supp. 2d 284 (1998). Said case on Federal prosecution allowing arrest in open area based on out of state bench warrant did not apply, nor did the "good faith" exception .State v. Davidson, 260 Neb. 417, 618 N.W.2d 418 (2000)