State v. Kruse

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State v. Kruse

Case Number
Call Date
May 20, 2019
Court Number
Case Location
Case Summary

S-18-1011 State v. Steven C. Kruse (Appellant)

Seward County District Court, Judge James C. Stecker

Attorneys: Siobhan E. Duffy (Office of the Attorney General, for Appellee) --- Gregory C. Damman (Blevens & Damman, for Appellant)

Criminal: DUI; Search warrant

Proceedings below: The trial court overruled the Appellant’s motion to suppress and found the Appellant guilty of one count of driving under the influence. The Appellant was sentenced to nine months of probation.

Issues: Whether 1) the affidavit used to obtain the search warrant was defective on its face and invalid because it failed to properly identify the person swearing to the facts contained therein; 2) the trial court erred when it found that the information contained within the four corners of an affidavit in support of a search warrant set forth sufficient facts to allow law enforcement to obtain a search warrant to seize a sample of Appellant’s blood; and 3) the trial court erred when it found the “good faith” exception to the search warrant requirement applied.