253 Neb. 753 - State v. Chitty

How this case has been cited

Cited by 32 later decisions — most recently October 2023 · most notably State v. Brockman (2000), State v. Tucker (2001)

32 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Caporale, J.,

¶1dissenting.

¶2I respectfully dissent. The circumstances under which the defendant herein, Rodney R. Chitty, was inveigled into agreeing to enter the police vehicle and subsequently patted down rendered the search involuntary. See State v. Veiman, 249 Neb. 875, 546 N.W.2d 785 (1996) (questioning of defendant while being transported to hospital in police vehicle after being told accident had to be investigated rendered such questioning custodial interrogation).

¶3As a consequence, the trial court’s finding that Chitty voluntarily reached inside his shirt pocket to produce the contraband is clearly wrong. I would therefore affirm the judgment of the Court of Appeals.

White, C.J., and Stephan, J., join in this dissent.