State v. Hidalgo
296 Neb. 912
| Neb. | 2017Background
- Omaha police received an anonymous Crime Stoppers tip that a Hispanic male “Roberto” (nickname “Sporty”), an 18th Street gang member and a felon, lived at a specified Omaha address and possessed illegal firearms.
- Officers surveilled the address, observed several tattooed Hispanic men on the porch, and noted a white Nissan Sentra registered to Robert Hidalgo and Jacqueline Linares in the driveway.
- Officers’ checks identified Hidalgo (born 1987) as a known 18th Street gang member with a nickname similar to the tip; utility records listed Linares at the address.
- A trash pull from the residence produced mail addressed to the residence and marijuana stems/seeds/leaves.
- Based on the tip and corroboration, officers obtained a warrant to search the residence for marijuana, weapons, money, and records; execution recovered multiple firearms (one from the Sentra) and marijuana. Hidalgo was convicted as a prohibited person in possession of a firearm after a stipulated bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for the warrant | Warrant lacked probable cause because the anonymous tip’s reliability wasn’t established; corroboration showed only innocent details; trash marijuana alone insufficient | Warrant supported by tip plus independent corroboration (vehicle registration, utility records, gang ID, trash pull) creating a fair probability of contraband | Court held affidavit supplied probable cause under totality of circumstances; corroboration and trash evidence, combined with the tip, supported the warrant |
| Search of vehicle on premises | Vehicle search exceeded warrant scope because warrant described house but not vehicle | Vehicle parked in driveway of described premises may be searched; affidavit/ warrant contemplated weapons in vehicles on property | Court held search of the Sentra valid as vehicle was on the described premises and connected to occupants; evidence admissible |
Key Cases Cited
- State v. Hill, 288 Neb. 767 (discussing probable cause and review standard for search warrants)
- State v. Vermuele, 234 Neb. 973 (no requirement that the underlying crime itself be independently corroborated to justify probable cause)
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for informant tips)
- U.S. v. Pennington, 287 F.3d 739 (vehicle on premises may be searched under a premises warrant when facts connect vehicle to occupants)