State v. Hidalgo, 296 Neb. 912

Crime Stoppers tip reported a Hispanic male called “Roberto” (nicknamed “Sporty”), age ~30–35, an 18th Street gang member, living at a specific Omaha address and possessing illegal firearms.
Officers surveilled the address, saw several tattooed Hispanic men on the porch, noted a white Nissan Sentra registered to Robert (Hidalgo) and Jacqueline Linares, and found utility records and mail tying Linares to the residence.
A trash pull at the residence recovered marijuana stems, seeds, and leaves and mail directed to the address.
Based on the tip and the corroborating investigation, officers obtained a search warrant for the residence seeking marijuana, records, weapons, and ammunition; the warrant described the house (including exterior details) and authorized searching the location and persons.
Execution of the warrant recovered firearms inside the house, one in a neighboring yard, and one in the Nissan Sentra parked in the driveway; Hidalgo later admitted the firearm in the vehicle was his.
Hidalgo, a prior felon (accessory to a felony), was convicted after a stipulated bench trial of possession of a firearm by a prohibited person and sentenced; he appealed, raising probable cause and scope-of-warrant (vehicle) challenges.

Issue	Hidalgo's Argument	State's Argument	Held
Probable cause for search warrant based on anonymous tip and corroboration	Tip unreliable; affidavit failed to establish informant reliability; corroboration only of "innocent details"; trash marijuana insufficient	Officers conducted independent investigation corroborating key tip elements (name, gang membership, residence, vehicle, trash pull); totality of circumstances supports probable cause	Warrant supported by probable cause under totality of circumstances; suppression denied
Scope of warrant — search of vehicle parked at residence	Warrant described house but not the vehicle; vehicle search exceeded warrant scope	Vehicle was on premises described, parked ~10 ft from house with no barrier; affidavit anticipated weapons could be in vehicles used in narcotics/gang activity; vehicles on premises are searchable	Vehicle search valid as within scope of warrant; conviction stands

State v. Hill, 288 Neb. 767, 851 N.W.2d 670 (Neb. 2014) (review standards for probable cause and search-warrant affidavits)
State v. Vermuele, 234 Neb. 973, 453 N.W.2d 441 (Neb. 1990) (no requirement that the crime itself be fully corroborated to justify probable cause)
Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances test for informant tips and probable cause)
State v. Lytle, 255 Neb. 738, 587 N.W.2d 665 (Neb. 1998) (factors for evaluating informant reliability and corroboration)
U.S. v. Briscoe, 317 F.3d 906 (8th Cir. 2003) (possession of marijuana can support probable cause)
U.S. v. Pennington, 287 F.3d 739 (8th Cir. 2002) (vehicles on premises described in a warrant may be searched if connected to the premises)