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State v. Sundberg9/16/2003
rn about the welfare of two minor children, ages 9 and 5, residing in the house with the appellees.
In summary, on two occasions, including the second which was within minutes of his report to Officer Pilmaier, the son had witnessed criminal activity. He had reported it for no gain to himself and out of concern for the two minor children residing in Carl Jr. and Tara's house. His concern was such that on his second approach to the officer, he was willing to have his name disclosed. The son's status as a citizen informant was clearly disclosed by the affidavit, and thus no independent verification of his information was needed: he is presumptively reliable, thereby validating the search warrant.
CONCLUSION
The district court erred in requiring independent verification of the reliability of the son, who held the status of a citizen informant who is presumptively reliable and whose information need not be independently verified by police. The decision of the district court to suppress the evidence gained from the search of the Twin Ridge Drive house in Bellevue, Nebraska, is therefore reversed, and the causes are remanded to the district court for further proceedings.
Reversed and remanded for further proceedings.
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