State v. Abraham

336 N.W.2d 85, 214 Neb. 743, 1983 Neb. LEXIS 1176

• Court: Nebraska Supreme Court
• Decided: June 24, 1983
• Docket: No. 83-275
• Status: Published

Opinion

Caporale, J.

The State has appealed from an order sustaining defendant Thomas L. Abraham’s motion to suppress evidence obtained by the interception of certain telephone conversations. This case is a companion to the cases of State v. Brennen, ante p. 734, 336 N.W.2d 79 (1983), and State v. Larson, ante p. 742, 336 N.W.2d 84 (1983), decided today. Like Larson, it arises out of the same orders authorizing the interception of telephone conversations discussed therein. Defendant Abraham was not mentioned in the affidavit or amendment thereto but, rather, was discovered through the interceptions authorized by the orders discussed in Brennen, supra. Having determined that the orders in Brennen were lawful, it follows that the interception of Abraham’s conversations under those orders was also lawful.

Accordingly, the order suppressing the evidence obtained from the interceptions is reversed.

Reversed.