DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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182262P.pdf 08/16/2019 United States v. Samuel Turner
U.S. Court of Appeals Case No: 18-2262
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Melloy, Author, with Colloton and Shepherd, Circuit Judges]
Criminal case - Criminal law. The district court did not err in denying
defendant's motion to suppress meth found at his feet during a nighttime
encounter with police; the officers' act of shining a light on defendant
was not a coercive act that communicated an official order to stop and
comply; no error in denying defendant's motion for a subpoena duces tecum
to review police phone records as he failed to identify the specific
records and reports he sought; no error in admitting texts and photos
extracted from defendant's phone as the evidence provided a rational basis
to believe the messages and pictures were defendant's; photos and text
messages retrieved from defendant's phone were not hearsay, but assuming
for the sake of argument that a screenshot of a text-message was
inadmissible hearsay, its admission was harmless in light of the
overwhelming evidence of defendant's guilt; jury verdict was supported by
substantial evidence.