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Defense access to seized phones and digital evidence debated in Judiciary Committee hearing on LB 93
Summary
LB 93 would clarify that, if prosecutors have an electronic communication device or analysis that is material to a criminal case, a court may order the device or data be made available so a defense expert can conduct similar tests; sponsors framed it as a statutory clarification to ensure judges can order reciprocal expert access.
Sen. George Dungan told the Judiciary Committee LB 93 clarifies and updates Nebraska’s pretrial discovery rules to address seized electronic evidence and the reciprocal disclosure of expert reports and opinions.
Dungan said judges already sometimes order defense access to evidence (for example, DNA and, in some cases, phones), but the statute is ambiguous about whether courts have clear authority to permit defense experts to conduct independent testing of electronic communication devices, computers, or derived data. LB 93 would explicitly allow a court, when appropriate, to order prosecuting attorneys to make such evidence or analyses available for…
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