Sunday, June 25, 2006

Arrest warrant for escaped inmate from Nebraska Department of corrections does not permit police to search home where escaped convict was hiding out: Eighth Circuit Court of Appeals reverses convictionDecision of the Day Blog United States v. Tylan Lucas 052165P.pdf 06/16/06 District of Nebraska Under a Nebraska statute, the Director of Corrections has authority to issue arrest warrants for escaped inmates, Neb. Rev. Stat. § 83-173(11). In this case, officers used one such warrant to arrest defendant Tylan Lucas in his home. During the course of the arrest, officers found evidence that led to Lucas’s further convictions for drug and gun charges. Lucas moved to suppress the evidence on the grounds that the arrest warrant was invalid, but the district court denied his motion. EIGHTH CIRCUIT REVERSES. An arrest warrant issued by the Nebraska Director of Correctional Services is not a warrant issued by a neutral and detached magistrate capable of determining whether probable cause exists for the requested arrest, and defendant's arrest pursuant to the warrant was invalid; Leon good faith exceptions does not apply when the indiviDual who issued the warrant is not neutral and detached.

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