Legislatures of several states have recently expressed an unprecedented interest in the fourth amendment of the United States Constitution' by enacting statutes governing police and court procedures for search and seizure problems. Nebraska, following the lead of these states, has completely rewritten its search and seizure statutes. Nearly all of the Nebraska statutes are adaptations of statutes which have originated in other states. The fact that Nebraska, a state with few metropolitan areas and a resulting low per capita crime rate, has enacted these statutes, when the apparent need for them is slight, suggests that the motivation for their passage must have been something other than need. That motivation was Mapp v. Ohio. Mapp forced state compliance with the fourth amendment by excluding from a state criminal prosecution any evidence seized in violation of the accused's constitutional rights.
II. Recent Nebraska Legislation … A. The Evidentiary Search … B. Procedural Statutes … C. The Stop and Frisk Statute … D. The “Knock Not” Provision
E. John Stanley,
A Legislative Approach to the Fourth Amendment,
45 Neb. L. Rev. 148
Available at: http://digitalcommons.unl.edu/nlr/vol45/iss1/10