29-1914. Discovery order; limitation.
142 words·~1 min read·
/ne/chapter-29/29-1914A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Whenever an order is issued pursuant to the provisions of section 29-1912 or 29-1913 , it shall be limited to items or information that:
(1)Directly relate to the investigation of the underlying charge or charges in the case;
(2)Are within the possession, custody, or control of the state or local subdivisions of government; and
(3)Are known to exist by the prosecution or that, by the exercise of due diligence, may become known to the prosecution.
In a driving under the influence case, where the record clearly showed that a computer source code for a breath-testing machine was not in the State's possession and that the manufacturer of the machine considered the source code a trade secret and proprietary information, the source code was not discoverable under this section. State v. Kuhl, 16 Neb. App. 127, 741 N.W.2d 701 (2007).