State v. Hidalgo
296 Neb. 912
| Neb. | 2017Background
- Crime Stoppers tip (anonymous) reported a Hispanic male “Roberto,” nicknamed “Sporty,” a member of the 18th Street gang, age ~30–35, living at a specified Omaha address and possessing illegal firearms.
- Police surveilled the address, observed several tattooed Hispanic males on the porch, and noted a white Nissan Sentra registered to Robert Hidalgo and Jacqueline Linares at the residence.
- Officers identified Robert Hidalgo (born May 1987) as a known 18th Street gang member with the nickname “Shorty.” A trash pull from the residence produced marijuana stems, seeds, and a mail piece addressed to the residence.
- Based on the tip and investigation, officers obtained and executed a search warrant for the residence seeking marijuana, money, records, weapons, and ammunition; searches recovered firearms in the house, in a neighboring yard, and in the Nissan Sentra.
- Hidalgo, a convicted felon (accessory to a felony), was charged with possession of a firearm by a prohibited person, convicted after a stipulated bench trial, and sentenced to 3–5 years; he appealed the denial of his motion to suppress.
Issues
| Issue | Hidalgo's Argument | State's Argument | Held |
|---|---|---|---|
| Probable cause for warrant | Anonymous tip unreliable; corroboration only showed innocent details; trash marijuana insufficient | Tip corroborated by name/vehicle/occupants/garbage and officers’ independent investigation created probable cause | Warrant supported by probable cause under totality of circumstances; suppression denied |
| Validity of informant corroboration | Entire tip must be corroborated, including alleged firearms possession | No need to corroborate every allegation; independent investigation can supply reliability | Court rejected Hidalgo’s all-or-nothing claim; corroboration and investigation were adequate |
| Sufficiency of trash-pull marijuana | Small amount insufficient to show ongoing contraband or larger narcotics operation | Marijuana in trash plus corroborated tip and gang nexus supported fair probability of contraband/evidence | Marijuana evidence, together with other corroboration, contributed to probable cause |
| Search of vehicle on premises | Warrant described house only; vehicle not listed so search violated Fourth Amendment | Vehicle was parked in driveway, connected to occupants, and warrant contemplated vehicles on site | Vehicle search upheld as within scope of warrant because it was on the described premises and connected to occupants |
Key Cases Cited
- State v. Hill, 288 Neb. 767 (2014) (sets Nebraska standards for probable cause and totality-of-the-circumstances review)
- Illinois v. Gates, 462 U.S. 213 (1983) (establishes totality-of-the-circumstances test for informant tips)
- State v. Vermuele, 234 Neb. 973 (1990) (no requirement that the crime itself be corroborated to justify probable cause)
- State v. Lytle, 255 Neb. 738 (1998) (officer investigation can establish informant reliability)
- U.S. v. Evans, 92 F.3d 540 (7th Cir. 1996) (vehicles on premises described in a warrant may be searched)
- U.S. v. Pennington, 287 F.3d 739 (8th Cir. 2002) (search of vehicle not explicitly listed may be covered where affidavit links defendant to vehicle)