State v. Hidalgo, 296 Neb. 912

Crime Stoppers tip (anonymous) reported a Hispanic male “Roberto” (nicknamed “Sporty”), age ~30–35, an 18th Street gang member, living at a named Omaha address and possessing illegal firearms.
Officers surveilled the address, observed several tattooed Hispanic males on the porch, checked a white Nissan Sentra registered to Robert Hidalgo and Jacqueline Linares, and found utilities in Linares’ name.
A trash pull from the residence produced mail to the address and marijuana stems, seeds, and leaves.
Police, using their gang unit records, identified Robert/Robert o Hidalgo (born 1987) as an 18th Street gang member with the nickname “Shorty.”
Officers obtained and executed a search warrant for the residence seeking marijuana, records, money, weapons, and ammunition; they recovered firearms in the home, in a neighboring yard, and in the Sentra. Hidalgo later admitted the gun in the vehicle was his.
Hidalgo, a convicted accessory to a felony (Class IIIA), was convicted after a stipulated bench trial of possession of a firearm by a prohibited person (Class ID) and sentenced to 3–5 years; he appealed suppression and scope issues.

Issue	Hidalgo’s Argument	State’s Argument	Held
Probable cause for warrant	Anonymous tip was unreliable; corroboration showed only innocent details; trash marijuana insufficient; good-faith exception inapplicable	Independent police investigation corroborated key details (names, vehicle, gang membership, trash drugs) creating a fair probability of evidence/contraband	Warrant supported by probable cause under totality of circumstances; suppression denied
Scope of warrant — vehicle search	Warrant described the house but not the vehicle; searching the Sentra violated Fourth Amendment	Vehicle was parked in driveway ~10 ft from house, not separated by fence; affidavit anticipated vehicles might contain weapons; vehicles on described premises may be searched	Search of Sentra was within scope of warrant and valid

State v. Hill, 288 Neb. 767 (articulating probable-cause and affidavit review standards)
State v. Vermuele, 234 Neb. 973 (no requirement that the crime itself be fully corroborated to justify probable cause)
State v. Lytle, 255 Neb. 738 (discussing informant reliability and independent police corroboration)
Illinois v. Gates, 462 U.S. 213 (adopting the totality-of-the-circumstances test for informant tips)
U.S. v. Evans, 92 F.3d 540 (vehicle on premises treated like an interior container for warrant scope)
U.S. v. Pennington, 287 F.3d 739 (search of vehicle on premises covered where affidavit links defendant to vehicle)
U.S. v. Briscoe, 317 F.3d 906 (cases recognizing possession of marijuana as contraband relevant to probable cause)