State v. Hidalgo
296 Neb. 912
| Neb. | 2017Background
- Crime Stoppers anonymous tip reported a Hispanic male "Roberto" (age 30–35), nicknamed "Sporty," as a felon in possession of firearms and living at a named Omaha address.
- Officers surveilled the address, saw several tattooed Hispanic males on the porch, noted a white Nissan Sentra registered to Robert Hidalgo and Jacqueline Linares, and found Linares listed on the utilities for the residence.
- Officers identified Robert Hidalgo (born May 1987) as a known 18th Street gang member with the nickname "Shorty," and recovered mail to the address during a trash pull along with marijuana stems/seeds/leaves.
- Based on the tip and the investigation, officers obtained and executed a search warrant for the residence seeking marijuana, records, monies, weapons, and ammunition; searches recovered firearms in the house, in a neighboring yard, and in the Nissan Sentra in the driveway.
- Hidalgo, a prior convicted accessory to a felony, was charged and (after a stipulated bench trial) convicted of possession of a firearm by a prohibited person and sentenced to 3–5 years; he appealed challenging probable cause for the warrant and the vehicle search.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Hidalgo) | Held |
|---|---|---|---|
| Whether the affidavit supplied probable cause to issue the search warrant | Affidavit (tip + corroboration + trash pull) provided a fair probability of contraband and weapons at the residence | Anonymous tip was unreliable; corroboration was only "innocent details"; small amount of marijuana in trash insufficient | Probable cause existed under totality of circumstances; warrant valid |
| Whether the informant's tip was adequately corroborated | Independent police investigation corroborated key details (name, residence, gang membership, demographics) supporting reliability | Officers failed to corroborate the criminal allegation that Hidalgo possessed firearms; anonymous tip credibility unestablished | Corroboration and investigation sufficiently supported informant reliability under totality of circumstances |
| Whether marijuana in a trash pull supported probable cause | Marijuana evidence, combined with tip and other facts, contributed to probable cause | Discarded marijuana stems/seeds insufficient alone to show ongoing contraband or larger narcotics operation | Marijuana evidence need not stand alone; combined with tip and corroboration it supported probable cause |
| Whether a vehicle parked in the driveway was searchable under the warrant | Vehicle on the described premises fell within the scope of the warrant given proximity and affidavit language about vehicles used in narcotics/gang activity | Warrant described the house but did not expressly list the vehicle; searching the Sentra exceeded the warrant scope | Vehicle search upheld: car in driveway was within scope given its connection to the premises and affidavit language |
Key Cases Cited
- State v. Hill, 288 Neb. 767 (Neb. 2014) (standard for reviewing probable-cause affidavits and suppression rulings)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances test for informant tips and probable cause)
- State v. Vermuele, 234 Neb. 973 (Neb. 1990) (no requirement that the crime itself be fully corroborated to justify probable cause)
- State v. Lytle, 255 Neb. 738 (Neb. 1998) (informant reliability may be established via police independent investigation)
- U.S. v. Briscoe, 317 F.3d 906 (8th Cir. 2003) (possession of marijuana may contribute to probable cause)
- U.S. v. Pennington, 287 F.3d 739 (8th Cir. 2002) (vehicle on premises described in a warrant may be searched when connected to the premises)