State v. McKinney - Criminal Appeal - Search and Seizure
Summary
The Nebraska Supreme Court issued a ruling in State v. McKinney, addressing criminal appeal issues including standing, jurisdiction, and search and seizure law. The court established precedent on Fourth Amendment protections, evidence admissibility standards, and the requirements for law enforcement to obtain valid search warrants.
What changed
The Nebraska Supreme Court issued a precedential ruling in State v. McKinney clarifying constitutional standards for search and seizure proceedings. The decision addresses the requirements for valid search warrants, third-party standing to challenge searches, and the burden of proof for evidence suppression motions.
Criminal defendants and defense attorneys must be aware of the updated standing requirements for challenging searches. Law enforcement agencies and prosecutors should review warrant application procedures to ensure compliance with the court's interpretation of Fourth Amendment protections and the plain view doctrine requirements.
What to do next
- Review internal search warrant procedures for compliance with Nebraska Supreme Court standards
- Monitor for follow-on appellate decisions applying State v. McKinney precedent
- Update criminal defense strategies to account for new standing requirements
Archived snapshot
Apr 10, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 04/10/2026 02:18 PM CDT
___ N.W.3d ___
Standing: Jurisdiction: Parties.
Interventions.-
Statutes.
Courts: Appeal and Error. Search and Seizure: Appeal and Error.
Sentences: Appeal and Error. Criminal Law: Search and Seizure: Property.
- Search and Seizure: Property: Evidence. - Police Officers and Sheriffs: Search and Seizure: Property.
Trial: Search and Seizure: Evidence.
Search and Seizure: Property. -
Jurisdiction: Appeal and Error.
Standing: Jurisdiction: Parties. - Standing: Parties.
Interventions: Pleadings. Courts: Jurisdiction: Search and Seizure: Property.
- Statutes. Statutes: Appeal and Error.-
Statutes. Property.-
Criminal Law: Search and Seizure: Property: Words and Phrases.
- Judgments: Appeal and Error.
-
Criminal Law: Search and Seizure: Property: Presumptions: Proof.
Search and Seizure: Property: Proof.-
Property: Presumptions: Evidence. Search and Seizure: Property: Presumptions.
Search and Seizure: Property. -
1
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2
3
State v. McKinney
gave -
- - - - -
5
- -
7 Nebraska Firearms Owners Assn. v. City of Lincoln
Harchelroad v. Harchelroad
9 State v. Brooks
Bassinger v. Nebraska Heart Hosp.
-
11 State v. Allen
12 State v. Jackson
13 State v. Allen, supra
Good v. Police Commissioners
Azparren v. FerrelCommission and Stock Co. v. Moore
15 Commission and Stock Co. v. Moore, supra
State v. Allen, supra
17 Id.
- - -
Id.
19 State v. Zimmer
Searches
21
22
23 Powers v. Board of Directors of Elmwood Tower
- The court in which such complaint was filed
shall have exclusive jurisdiction for disposition of the property . . . and to determine rights therein, including questions respecting the title, possession, control, and disposition thereof.
-
Kellogg v. Mathiesen
25 Id.
Jennings Plant Servs. v. Ellerbrock-Norris Agency
- -
27 State v. Ebert
29 Khaitov v. Greater Omaha Packing Co.
State v. Jackson, supra
31 In re Interest of Johnny H.
- - - - -
32
33 Ruzicka v. Ruzicka
McConniff v. Van Dusen Holland v. Commercial Bank
- - -
State v. McKinney, supra
. . . .
. . . .
. . . .
- - - -
35
even if - -
already had superior title at the time the item was seized
(i) Property Used in Crime
- -
37
- - - -
(ii) Single Item Not Used
Syring v. Archdiocese of Omaha
39 State v. Zimmer, supra
Weapons
State v. Ebert, supra
- - - -
State v. Ebert, supra
Henderson v. United States
-
supra
In re Estate of Marsh
Id.
Slater v. Ichtertz
Valid Transfer of Marlin
- - Not Valid
- -
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Named provisions
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