Thomas D. Thalken

In a suppression R&R, Thalken applies a totality-of-the-circumstances / common-sense probable-cause analysis and is receptive to the Leon good-faith framing -- he found a reliable confidential informant and treated the affidavit's omission of the precise things-to-be-seized as non-material, recommending denial. But note the procedural sequel: the district judge remanded because the GOVERNMENT failed to get a properly-signed (sworn) affidavit into evidence before the magistrate, a reminder that at a Thalken suppression hearing the evidentiary record (here, a signed affidavit satisfying the Fourth Amendment oath/affirmation requirement) must actually be made, because new evidence cannot be added later on objection (Neb. Crim. R. 59.2(b)(2)).

“Judge Thalken concluded that under the totality of the circumstances, using a common sense approach, probable cause existed to issue the search warrant. Judge Thalken concluded that the Confidential Informant ('CI') was reliable, that the omission from the supporting affidavit of the things to be seized or place to be searched was not a material omission, and that the investigator seeking the warrant acted in good faith within the warrant's scope.”