Forrest R. Cox, III v. Nebraska
FourthAmendment CriminalProcedure Privacy
Whether the Nebraska Supreme Court erred in applying the good-faith doctrine to a search warrant executed after the federal statute and relevant case law had been overturned as unlawful under the Fourth Amendment
QUESTIONS PRESENTED: I. IN A FIRST DEGREE FELONY MURDER CASE REQUIRING LIFE IMPRISONMENT, DID THE NEBRASKA SUPREME COURT ERROR IN APPLYING THE GOOD FAITH DOCTRINE TO A SEARCH WARRANT THAT WAS EXECUTED APPROXIMATELY HALF A YEAR AFTER BOTH THE FEDERAL STATUTE AND RELEVANT CASE LAW HAD BEEN OVERTURNED BY THIS COURT AS UNLAWFUL, CONTRARY TO THE FOURTH AMENDMENT? II. WAS IT A DENIAL OF THE PETITIONER'S FOURTH AMENDMENT RIGHTS FOR THE NEBRASKA SUPREME COURT TO DECLINE TO ADDRESS THE TRIAL COURT'S SUA SPONTE APPLICATION OF THE INDEPENDENT SOURCE DOCTRINE TO IMMUTABLE EVIDENCE? a. SHOULD THE INDEPENDENT SOURCE DOCTRINE BE MODIFIED TO ADDRESS THE UNIQUE NATURE OF IMMUTABLE EVIDENCE TO ENSURE PRESERVATION OF THE FOURTH AMENDMENT AND ITS PRINCIPLES?