State v. Kincade
Annotate this CaseDefendant was charged with sexual assault and possession of child pornography. Defendant filed a motion to suppress evidence found on his computer pursuant to a search warrant because the warrant did not comply with Nev. Rev. Stat. 179.045(5)’s requirement that a warrant include a statement of probable cause or have the affidavit supporting the warrant attached. The district court granted the motion. The Supreme Court affirmed, holding (1) pursuant to State v. Allen, failure to comply with section 179.045(5) triggers exclusion despite the U.S. Supreme Court’s contrary holding in United States v. Grubbs; and (2) in this case, the search warrant’s failure to comply with section 179.045(5) mandated exclusion of the evidence seized pursuant to the warrant.
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