Nebraska Revised Statute 86-2,115
Interception; use as evidence.
No part of the contents of any intercepted wire or oral communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a state, or a political subdivision thereof if the disclosure of that information would be in violation of sections 86-271 to 86-2,115.
- Laws 1976, LB 583, § 6;
- R.S.1943, (1999), § 86-712;
- Laws 2002, LB 1105, § 177.
The discovery of "harp sheets" by the Department of Correctional Services during an independent, administratively inspired inventory of a parole officer's state-owned car was sufficiently independent and distinguishable from an illegal police wiretap of the parole officer's phone to purge the "harp sheets" from any taint arising from the wiretap. The "harp sheets" were not evidence derived from an unlawful police wiretap. State v. Gallagher, 214 Neb. 487, 334 N.W.2d 458 (1983).
The subject of an illegal wiretap may testify at a criminal trial if his identity was made known by means other than the illegal wiretap or his decision to testify is voluntary. State v. Anderson and Hochstein, 207 Neb. 51, 296 N.W.2d 440 (1980).