State v. McGovern
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Kearney Officer Newell, dispatched to an apartment, spoke with J.S., who reported that upon leaving his garden-level apartment, he saw a man crouched down by a window to the apartment’s bathroom. J.S. did not mention seeing the individual holding a cell phone. J.S. showed Newell the path the person took in leaving. Approximately half a block from the apartment J.S. discovered a cell phone and handed it to Newell. Newell completed an affidavit. asking the judge for permission to examine the cell phone for evidence of the crime of unlawful intrusion on September 25, 2018. The search conducted pursuant to the warrant revealed multiple images of women in various states of undress and led to McGovern. Based on what was found, a second warrant was obtained in another jurisdiction. McGovern was convicted of sexual assault in the first degree, sexual assault in the third degree, and recording a person in a state of undress.
The Nebraska Supreme Court affirmed. The first search warrant was supported by probable cause and was sufficiently particular and because law enforcement reasonably saw evidence of a different crime during the initial search, the court did not err in overruling a suppression motion. The overall sentencing was not an abuse of discretion.
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