Nebraska holds for first time that rules of evidence don’t apply to suppression hearings

“Because our interpretation of the rules of evidence is meant to be the same as the federal rules, we conclude that under § 27-104 [Rule 104], the rules of evidence do not apply at hearings to determine preliminary questions of admissibility, including suppression hearings. [¶] We reach the same conclusion under § 27-1101(4)(b) [Rule 1101], which provides that the Nebraska rules of evidence do not apply to ‘preliminary examinations or hearings in criminal cases.’ Our rules of evidence do not specify what types of hearings qualify as preliminary hearings. Absent a statutory indication to the contrary, words in a statute will be given their ordinary meaning. State v. Au, 285 Neb. 797, 829 N.W.2d 695 (2013).” State v. Piper, 289 Neb. 364, 2014 Neb. LEXIS 171 (October 31, 2014).