052165P.pdf   08/23/2007  United States  v.  Tylan Lucas
   U.S. Court of Appeals Case No:  05-2165
   District of Nebraska - Omaha   
   [PUBLISHED] [Murphy, Author, with whom Chief Judge Loken,
   Melloy, Smith, and Gruender, Circuit Judges, join. and Shepherd, with
   whom Colloton and Benton, Circuit Judges, join, concurring, and Bye,
   Circuit Judge, dissents in part, Riley, Circuit Judge, dissents in part,
   Beam, with whom Wollman and Arnold, Circuit Judges, join, dissents].
   Criminal Case - suppression. Director of Department of Correctional
   Services who issued an arrest warrant for an escaped prisoner was not a
   neutral judicial officer for determination of probable cause, but because
   arrest warrant constituted an administrative warrant issued by responsible
   state office who had reasonable cause to believe the prisoner had escaped,
   there was no need for warrant to be issued by a neutral and detached
   judicial officer. Administrative arrest warrant was authorized by state
   statute. Escaped prisoner had no expectation of privacy to be in
   apartment. Government had interest in seizing him. Administrative
   warrant met standard of reasonableness. Indictment was constitutionally
   sufficient and evidence was sufficient to support a single conspiracy. 
   District court did not abuse its discretion in admitting telephone
   recordings from prison into evidence to support attempted obstruction of
   justice conviction Evidence was sufficient to support that conviction. 
   Admission of 404(b) evidence was not an abuse of discretion. The
   district court did not abused its discretion in not permitting defendant to
   solicit all the evidence he wished to present. District court did not abuse
   its discretion in granting continuance and did not err in denying Speedy
   Trial Act claim. 
  
052165P.pdf   06/16/2006  United States  v.  Tylan Lucas
   U.S. Court of Appeals Case No:  05-2165
   District of Nebraska   
   [PUBLISHED] [Beam, Author, with Arnold and Riley, Circuit Judges]
   Criminal case - criminal law. An arrest warrant issued by the Nebraska
   Director of Correctional Services is not a warrant issued by a neutral and
   detached magistrate capable of determining whether probable cause exists
   for the requested arrest, and defendant's arrest pursuant to the warrant
   was invalid; Leon good faith exceptions does not apply when the
   individual who issued the warrant is not neutral and detached.