State v. Scott

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Nebraska Supreme Court Advance Sheets
319 Nebraska Reports
STATE v. SCOTT
Cite as 319 Neb. 153
State of Nebraska, appellee, v.
Aldrick Scott, appellant.
___ N.W.3d ___
Filed June 13, 2025. 	No. S-24-422.
1. Constitutional Law: Search and Seizure: Motions to Suppress:
Appeal and Error. In reviewing a trial court’s ruling on a motion to sup-
press evidence based on a claimed violation of the Fourth Amendment,
an appellate court applies a two-part standard of review. Regarding
historical facts, an appellate court reviews the trial court’s findings for
clear error, but whether those facts trigger or violate Fourth Amendment
protections is a question of law that an appellate court reviews indepen-
dently of the trial court’s determination. And where the facts are largely
undisputed, the ultimate question is an issue of law.
2. Convictions: Evidence: Appeal and Error. In reviewing a criminal
conviction for sufficiency of the evidence, whether the evidence is
direct, circumstantial, or a combination thereof, the standard is the same:
An appellate court does not resolve conflicts in the evidence, pass on the
credibility of witnesses, or reweigh the evidence; such matters are for
the finder of fact.
3. ____: ____: ____. The relevant question in reviewing a criminal con-
viction for sufficiency of the evidence is whether, after viewing the
evidence in the light most favorable to the prosecution, any rational trier
of fact could have found the essential elements of the crime beyond a
reasonable doubt.
4. Constitutional Law: Search and Seizure. The Fourth Amendment to
the U.S. Constitution and article I, § 7, of the Nebraska Constitution
prohibit unreasonable searches and seizures.
5. ____: ____. Whether a search and seizure violates the general pro-
scription against being unreasonable depends on the norms the Fourth
Amendment was meant to preserve and an assessment of the degree to
which it intrudes upon an individual’s privacy versus being needed for
the promotion of legitimate governmental interests.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
10/14/2026 08:04 AM CDT

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Nebraska Supreme Court Advance Sheets
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STATE v. SCOTT
Cite as 319 Neb. 153
6. Constitutional Law: Statutes. The Fourth Amendment was not intended
to operate as a redundant guarantee incorporating subsequently enacted
statutes.
7. Constitutional Law: Warrantless Searches: Search and Seizure.
Under the warrant clause of the Fourth Amendment, warrantless searches
and seizures are per se unreasonable, subject only to a few specifically
established and well-delineated exceptions, which must be strictly con-
fined by their justifications.
8. Constitutional Law: Search and Seizure: Evidence. Under the exclu-
sionary rule, evidence obtained in violation of the Fourth Amendment
generally cannot be used in a criminal proceeding against the victim of
the illegal search and seizure.
9. Constitutional Law: Evidence: Police Officers and Sheriffs. The
exclusion of evidence obtained in violation of the Fourth Amendment is
not itself a constitutional right. Rather, it is a remedy designed to deter
constitutional violations by U.S. law enforcement.
10. Constitutional Law: Search and Seizure: Evidence. The Fourth
Amendment and the judicially created exclusionary rule do not generally
apply to searches and seizures by foreign officials in foreign nations.
11. ____: ____: ____. Neither the 4th Amendment nor the 14th Amendment
is directed at foreign officials, and it serves no prophylactic purpose to
apply the exclusionary rule to evidence seized by foreign officials in for-
eign nations, since what U.S. courts do will not alter the search policies
of sovereign nations.
12. ____: ____: ____. Evidence seized from a search by foreign authorities
in their own countries is generally admissible in U.S. courts, even if the
search does not otherwise comply with the Fourth Amendment.
13. Search and Seizure: Evidence: Police Officers and Sheriffs: Joint
Ventures. An exception to the general rule that the exclusionary rule
does not apply to evidence seized from a search by foreign authorities
exists when U.S. law enforcement’s participation in the search and sei-
zure was so substantial as to constitute a “joint venture” between U.S.
and foreign officials.
14. Constitutional Law: Search and Seizure: Evidence. Even if the
Fourth Amendment’s exclusionary rule applies to a foreign search and
seizure, the evidence need not be suppressed unless the foreign search
was unreasonable.
15. Constitutional Law: Search and Seizure: Search Warrants. The war-
rant clause of the Fourth Amendment has no extraterritorial application;
thus, the conduct of foreign officials in foreign nations must be tested
by the Fourth Amendment’s general proscription against unreasonable
searches and seizures.

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Nebraska Supreme Court Advance Sheets
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STATE v. SCOTT
Cite as 319 Neb. 153
16. Search and Seizure: Joint Ventures. A joint venture is not created by
U.S. officials’ identification and notification of a suspect in a foreign
country, provision of information to the foreign authorities, and request
that the foreign authorities conduct a search or seizure.
17. ____: ____. The joint venture doctrine of search and seizure is a pur-
posefully limited exception with a high threshold for a defendant to
invoke it.
18. ____: ____. The question of whether a joint venture existed between
U.S. law enforcement and foreign officials is dependent on the facts and
circumstances of a case, and not one fact or circumstance, or combina-
tion thereof, is dispositive in this analysis.
19. Search and Seizure: Evidence: Joint Ventures. The general proposi-
tion being applied under the joint venture doctrine is that use of the
exclusionary rule with respect to foreign searches is justifiable only
when U.S. authorities may fairly be held accountable for not preventing
the particular conduct complained of.
20. Joint Ventures. For a true joint venture to have occurred, U.S. officials
must have been controlling or directing the conduct of the foreign paral-
lel investigation.
21. Constitutional Law: Search and Seizure. Once a foreign search and
seizure has been completed, subsequent involvement of U.S. govern-
mental agents in the process of the foreign authorities voluntarily hand-
ing over the object they seized is not relevant to its admissibility under
the Fourth Amendment.
22. Evidence: Appeal and Error. The erroneous admission of evidence is
harmless error and does not require reversal if the evidence is cumula-
tive and other relevant evidence, properly admitted, supports the finding
by the trier of fact.
23. Homicide: Convictions: Proof. The three elements the prosecution
must prove beyond a reasonable doubt to obtain a conviction for first
degree murder are as follows: The defendant (1) killed another person,
(2) did so purposely, and (3) did so with deliberate and premeditated
malice.
24. Homicide: Intent: Words and Phrases. Deliberate malice, for pur-
poses of first degree murder, means not suddenly and not rashly, and it
requires that the defendant considered the probable consequences of his
or her act before doing the act.
25. ____: ____: ____. The term “premeditated” means to have formed a
design to commit an act before it was done.
26. Homicide: Intent. One kills with premeditated malice if, before the act
causing death occurs, one has formed the intent or determined to kill the
victim without legal justification.

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STATE v. SCOTT
Cite as 319 Neb. 153
27. Intent: Words and Phrases. Premeditation is a mental process and
may be inferred from the words and acts of the defendant and from the
circumstances surrounding the incident.
28. Intent. A trier of fact may infer that the defendant intended the natural
and probable consequences of the defendant’s voluntary acts.
29. Homicide: Intent: Time. No particular length of time for premeditation
is required, provided the intent to kill is formed before the act is com-
mitted and not simultaneously with the act that caused the death.
30. ____: ____: ____. The time required to establish premeditation may
be of the shortest possible duration and may be so short that it is
instantaneous, and the design or purpose to kill may be formed upon
premeditation and deliberation at any moment before the homicide is
committed.
31. Criminal Law: Evidence. A defendant’s disposal, removal, or conceal-
ment of physical evidence in order not to get caught by law enforce-
ment is evidence of the defendant’s belief that an official proceeding
was pending or about to be instituted at the time he or she disposed of,
removed, or concealed the evidence.
Appeal 	from 	the 	District 	Court 	for 	Douglas 	County:
Kimberly Miller Pankonin, Judge. Affirmed.
Thomas C. Riley, Douglas County Public Defender, and
Mary Mullin Dvorak for appellant.
Michael T. Hilgers, Attorney General, Lincoln J. Korell, and
Eric J. Hamilton for appellee.
Funke, 	C.J., 	Miller-Lerman, 	Cassel, 	Stacy, 	Papik,
Freudenberg, and Bergevin, JJ.
Freudenberg, J.
I. INTRODUCTION
The defendant was convicted by jury of first degree mur-
der, use of a deadly weapon (firearm) to commit a felony, and
tampering with physical evidence. He assigns that the evidence
was insufficient to sustain his convictions and that the district
court erred by denying his motion to suppress the evidence
produced from his arrest and detention by Belizean police.
We affirm.

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Nebraska Supreme Court Advance Sheets
319 Nebraska Reports
STATE v. SCOTT
Cite as 319 Neb. 153
II. BACKGROUND
Aldrick Scott’s charges arose after he shot and killed his
former girlfriend in her house, buried her body, and disposed
of other evidence. Scott was tried on an amended informa-
tion charging him with first degree murder, a Class IA felony;
use of a deadly weapon (firearm) to commit a felony, a Class
IC felony; and tampering with physical evidence, a Class II
felony. At trial, Scott asserted that “the gun went off” and that
he was not guilty because he had acted in self-defense.
Following trial, the jury returned a guilty verdict on all three
counts, which the court accepted. The court sentenced Scott
to life imprisonment for first degree murder, 30 to 40 years’
imprisonment for use of a deadly weapon (firearm) to commit
a felony, and 15 to 20 years’ imprisonment for tampering with
physical evidence. The court ordered Scott’s sentences to be
served consecutively.
1. Evidence Presented at Trial
The evidence adduced at trial showed that on November 20,
2022, Omaha, Nebraska, law enforcement responded to a call
for a potential missing persons report made by Cari Allen’s
ex-husband. Allen’s ex-husband and son had visited Allen’s
house, where they found the front door ajar, Allen’s car in
the garage, and holes in the upstairs interior walls and Allen’s
bedroom door that had been “hastily” patched with spackling
and wood glue. The holes had not been there a few days ear-
lier when Allen’s son last visited, and Allen would not have
patched them up herself. Allen was not found in her home.
After arriving at the scene, law enforcement observed the
holes and believed they were consistent with the trajectory
of a gunshot that originated in Allen’s bedroom and traveled
through her door and the walls. However, no bullet casings
were found at the scene. Allen’s family and friends did not
believe that she owned a firearm or would have had one in her
house. Other than the holes, law enforcement did not find any
evidence of a firearm in Allen’s home. Law enforcement found
no signs of a struggle or fight.

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STATE v. SCOTT
Cite as 319 Neb. 153
Law enforcement learned Allen had a Snapchat social media
account, which allowed her to continuously share her location
with other users. Allen’s ex-husband told an officer that he
could no longer see her location like he usually could, which
indicated to him that her cell phone had been shut off. Law
enforcement also learned that the night before, Allen had gone
on a first date at a local bar. At about 11:30 that night, Allen
had texted a friend that during the date, she had to turn her
cell phone off because Scott had repeatedly called her. Law
enforcement learned that Allen had broken up with Scott a
few weeks prior. Before Scott and Allen’s breakup, a friend
saw Scott use the code to Allen’s garage to gain entry into
her house.
The next morning, law enforcement had a phone call with
Scott, who resided in Topeka, Kansas. During this conversa-
tion, Scott denied knowing where Allen was or having been
in Omaha on November 19 or 20, 2022. Scott also told law
enforcement that as far as he knew, Allen did not own a firearm
or have access to one. After speaking with Scott, law enforce-
ment determined that he was a person of interest, so officers
traveled to Topeka to try to interview him.
Upon their arrival in Topeka later that day, the officers
learned from local law enforcement that a friend of Scott’s
had received a phone call from Scott in which he admitted
to killing his girlfriend. Scott’s friend testified that Scott had
called her, told her that he had gotten into an argument with
his girlfriend, and stated, “I killed her.” Scott’s friend thought
Scott was joking until Scott asserted that he was not joking
and needed her to be serious about what he was saying.
After learning of the call, the officers visited Scott’s home,
which they found in a state of disarray. Scott was not found
in his home. Scott’s friend then informed law enforcement
that Scott had initially told her that he had flown to Cancun,
Mexico. Law enforcement later confirmed that Scott had
arrived in Cancun earlier that day, November 21, 2022.
Scott’s car was located parked at an airport near Topeka. Law

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Cite as 319 Neb. 153
enforcement discovered a loaded firearm and ammunition in
Scott’s car.
During its investigation, law enforcement obtained video
footage of outside the bar and outside of Allen’s house; loca-
tion data from Scott’s and Allen’s Snapchat accounts, as well
as Scott’s car; cell phone data for Scott’s and Allen’s phone
numbers; and messages from Scott’s and Allen’s Facebook
and Snapchat accounts. This data and video evidence estab-
lished that on November 19, 2022, Allen arrived at the bar
at about 7:15 p.m. About 15 minutes later, Scott had already
left his home and was driving out of Topeka toward the bar
in Omaha.
Scott arrived at the bar at about 10:15 p.m., and Scott’s car
circled the bar’s parking lot for several minutes. At that time,
Allen was inside the bar with her date. Scott then left the area
and drove toward Allen’s house.
At about 10:30 p.m., Scott was in the immediate area around
Allen’s house, and his car passed the house and turned onto
a nearby street. Scott traveled to an area with new construc-
tion that was a couple of blocks away from Allen’s house and
parked in that area. About a minute later, Scott walked back
to the immediate area around Allen’s house. Scott made three
phone calls to Allen between about 10:30 and 10:45 p.m., and
this was the first time Scott contacted Allen that day. Allen did
not answer the calls. Scott then messaged Allen via Snapchat,
“‘Can’t sleep, how are you.’” Scott called Allen a fourth time,
which was answered, and the call lasted about 1½ minutes.
Allen’s car arrived near her home at about 11:30 p.m.,
which was about an hour after Scott had arrived in the area.
After Allen arrived home, she made four phone calls to Scott,
all of which went to voicemail. Shortly after her fourth call,
Scott messaged Allen via Facebook, saying that his cell
phone had died. Scott and Allen exchanged messages for a
bit, which included Scott’s stating that it “‘[s]ounded like
[Allen was] on a date,’” telling Allen to “‘[g]et some sleep,’”
and expressing how he was “‘angry and upset.’” The last

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STATE v. SCOTT
Cite as 319 Neb. 153
message in Scott and Allen’s exchange was Scott’s saying, “‘I
have lost everything,’” at 12:15 a.m. on November 20, 2022.
Law enforcement testified that Scott’s and Allen’s messages
indicated that Allen did not know Scott was in Omaha and
that she believed he was still in Topeka. Law enforcement
believes that Allen was in her home for at least 45 minutes
before something happened.
The data and video evidence further indicated that Scott
remained 	near Allen’s 	house 	from 	about 	10:30 	p.m. 	on
November 19, 2022, to 2:30 a.m. on November 20. Sometime
between 2 and 2:30 a.m., Allen’s car drove away from her
house and turned on the same nearby street where Scott’s car
had earlier. Allen’s car then drove back toward her house at
about 3 a.m. About 30 minutes later, Scott ran toward the street
where his and Allen’s cars had turned. Shortly after, at about
3:30 a.m., Scott traveled back toward Topeka.
Scott arrived at his home in Topeka a few hours later. Later
that morning, Scott traveled to an abandoned farmhouse in
Topeka. Local law enforcement ultimately searched that loca-
tion and discovered the buried remains of a female body, later
identified as Allen. The forensic pathologist who performed
Allen’s autopsy testified that a gunshot went through her right
breast and into her liver, lung, and kidney, which ultimately
killed her. The forensic pathologist also testified that Allen’s
body had no defense wounds and opined that it is unlikely
that Allen was shot at close range or with the end of the fire-
arm’s barrel in direct contact with her body.
Scott testified in his defense and claimed he shot Allen in
self-defense. Scott had received martial arts training while he
was in the military and was experienced with firearms. Scott
owned a gun that he typically stored in his car with ammuni-
tion. Scott kept his gun loaded. Scott testified that he did not
know Allen had a firearm.
The year prior, Scott and Allen met through an online dat-
ing application. Scott soon met Allen in person and spent
the weekend with her in Omaha for the first time. Scott and

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STATE v. SCOTT
Cite as 319 Neb. 153
Allen’s relationship progressed, and Scott started driving from
Topeka to Omaha at least every other weekend to visit her.
Scott would usually drive to Omaha on Saturday, stay over-
night in Allen’s bedroom at her house, and leave for Topeka on
Sunday. Scott and Allen shared their locations with each other
through Snapchat, and they communicated almost daily during
their relationship.
About a month before the shooting, Scott and Allen began
“drifting apart” and discussed ending their relationship. After
this conversation, Scott and Allen still communicated but not
as much as they had before. While the breakup conversation
left Scott “kind of discouraged,” he testified that “[t]o an
extent, [he] thought [they] were still together” and “thought
[they] just had a hiccup” in their relationship.
Scott testified that on the weekend of November 4, 2022,
he drove to Omaha in hopes of seeing Allen. He did not tell
Allen in advance that he would be in Omaha. Scott testified
that he got a hotel room because he was unsure whether Allen
wanted to see him. Scott testified that he called Allen the next
day and that she invited him over to her house, where they
were “intimate” before Scott ultimately spent the night. Scott
testified that after that visit, he thought that he and Allen were
getting back together.
Scott drove to Omaha again on the weekend of November
19, 2022, in hopes, he testified, of seeing Allen and being inti-
mate with her again. Scott testified that he left for Omaha later
than he normally did because he had conflicting feelings about
visiting Allen and was unsure whether she wanted to see him.
Scott admitted that he did not contact Allen before he drove to
Omaha and stated that Allen had not told Scott that she was
going on a date that night.
Scott testified that he drove to the bar because Allen’s
Snapchat location tracker indicated she was there. Once he
arrived, Scott drove around the parking lot looking for Allen’s
car and, at one point, briefly got out of his car to look around
before driving to Allen’s house.

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STATE v. SCOTT
Cite as 319 Neb. 153
Scott testified that once he arrived at Allen’s house, he
knocked on the door, but no one answered. Scott testified that
he then parked his car on a nearby street at least a couple of
blocks away from Allen’s house, but he denied parking in
the area with construction. Scott checked Allen’s location on
Snapchat, which showed she was still at the bar, and he then
walked back to Allen’s house. Scott testified that he left his
loaded gun in his car and denied bringing it with him to Allen’s
house. Scott testified that he waited outside Allen’s house until
she arrived. Scott denied having a key to Allen’s house or
knowing the code to her garage. Scott testified that while wait-
ing for Allen, he called her four times. When Allen answered
his fourth call, Scott asked her what she was doing, and Allen
told him that she was having drinks with her friend. During the
call, Allen seemed “irritated” with Scott, and they were “kind
of upset with each other.”
Scott testified that when Allen drove up to her house, he
moved toward a side of her house where Allen could not see
him. Scott testified that he thought Allen was potentially on a
date and in the car with someone else and that he wanted to
“catch her in the lie.” At some point, Scott knocked on Allen’s
door again. Scott testified that Allen seemed upset that he
was there but let him inside. According to Scott, for about 10
to 15 minutes, he and Allen had an argument in which Scott
accused Allen of cheating on him. Allen then told Scott that
she needed to go upstairs to get something, and he followed
her to her bedroom.
Scott testified that, in the bedroom, he and Allen were still
arguing when Allen pulled out a firearm and said, “I’m going
to hurt you, and you’re not going to hurt me.” Scott testified
that he rushed Allen to get the firearm away from her, they
fumbled with it, and then it went off. Allen died shortly after.
Scott testified that he had not planned or intended to kill Allen
and that after she died, he was “freaking out” and “panicking.”
Scott testified he put Allen’s body in her car, drove her car
to where his car was parked, and then moved her body to his

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car. Scott then drove Allen’s car back to her house, where
he patched the holes in the walls. Scott testified that when
he left Allen’s home, he took Allen’s firearm, the bullet cas-
ing, and Allen’s cell phone with him. Scott then drove to his
home in Topeka, wrapped Allen’s body in trash bags, drove to
the abandoned farmhouse, and buried her body there. Later,
Scott messaged Allen on Snapchat as if he did not know she
was dead. Scott testified that during his phone call with law
enforcement, he lied about when he had last seen Allen and
where he had been that weekend because he was afraid. Scott
testified that after the call, he “was scared” and purchased a
plane ticket to Cancun for that same day. Scott testified that he
disposed of Allen’s firearm and the bullet casing in the airport
parking garage. Scott testified that once he arrived in Cancun,
he made internet searches about Allen, extradition, and places
where he could avoid law enforcement in Belize. Scott testi-
fied that he had “look[ed] up everything possible to escape.”
Scott decided to travel to Belize because it was the “easiest
way to escape.”
2. Arrest and Motion to Suppress
On November 23, 2022, Scott was charged in Nebraska
with kidnapping and accessory to a felony, and a warrant was
issued for his arrest. He was ultimately arrested, searched, and
detained by Belizean police before being deported, not extra-
dited, to the United States.
Before trial, Scott moved to suppress the evidence obtained
through the Belizean police’s arrest and search, specifically his
cell phone. Scott argued that he was detained and searched in
violation of Belizean immigration law and Belize’s extradition
treaty with the United States. Scott also argued that because
his arrest and search were a joint venture between Belizean
police and U.S. law enforcement, the evidence was subject to
the exclusionary rule under the Fourth Amendment.
At a hearing on the motion, evidence was adduced that
Nebraska law enforcement informed federal authorities of the

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arrest warrant for Scott. On December 3, 2022, the Diplomatic
Security Service of the U.S. Embassy in Belize received
information from a Belizean citizen that Scott was a wanted
fugitive and was residing in Caye Caulker, Belize. U.S. law
enforcement contacted the Belizean citizen to obtain more
information about Scott’s location. The Belizean citizen pro-
vided a recent picture of Scott, which U.S. law enforcement
confirmed was a likely match to Scott.
U.S. law enforcement confirmed there was an arrest warrant
for Scott with full extradition and confirmed with Belizean
immigration authorities that Scott had entered Belize illegally.
U.S. law enforcement then informed Belizean police that
Scott, a U.S. fugitive, was potentially in Belize and requested
their assistance in apprehending him. U.S. law enforcement
maintained contact with the Belizean citizen while Belizean
police and authorities searched for Scott. On December 6,
2022, Belizean police located and arrested Scott.
Belizean police searched Scott and, at some point while
Scott was in Belizean custody, seized his property, includ-
ing his cell phone. After Scott’s arrest, U.S. law enforcement
positively identified Scott and verified the identity docu-
ments found in Scott’s possession. Scott was detained by
Belizean police overnight. The next day, the Belizean immi-
gration authorities issued an “Order to Leave Belize” for Scott
because he was a “‘prohibited immigrant’” under Belizean
immigration law. Scott was ordered to leave Belize “[i]mme-
diately.” That same day, Scott was deported from Belize
and transported to the United States while accompanied by
Belizean police. U.S. law enforcement arranged and funded
Scott’s return to the United States. U.S. law enforcement
stated in an email that it “got [Belizean immigration authori-
ties] to issue an order to leave.”
Once Scott arrived in the United States, he was taken into
custody by U.S. Customs and Border Protection before being
transferred to the custody of local law enforcement. Scott
ultimately waived interstate extradition and was transferred

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to the custody of Nebraska law enforcement. The property that
Belizean police seized from Scott, including his cell phone,
was eventually given to Nebraska law enforcement.
The district court overruled Scott’s motion to suppress and,
later, his renewed motion at trial. In its order overruling Scott’s
motion, the court noted that Scott “was arrested in Belize by
Belizean authorities for violating Belizean immigration law”
and was deported instead of extradited from Belize. In addi-
tion, the court concluded that U.S. law enforcement had not
substantially participated in his search and that Belizean police
had not acted as agents for U.S. law enforcement.
The court added that Belizean police conducted the “primary
search” of Scott and that U.S. law enforcement only passed
along information to Belizean police about Scott’s presence
there, which the court concluded did not amount to sub-
stantially participating in Scott’s arrest. The court stated that
although U.S. law enforcement discussed Scott’s location with
Belizean police, there was no evidence that U.S. law enforce-
ment directed or controlled the actions of Belizean police.
At trial, the jury was presented evidence that Nebraska
law enforcement conducted a physical examination of Scott’s
cell phone and found internet searches about the status of the
investigation into Allen’s disappearance, obtaining a counter-
feit Belizean identification card, and avoiding detection by
Belizean law enforcement.
III. ASSIGNMENTS OF ERROR
Scott assigns that (1) the district court erred by denying
his motion to suppress the evidence derived from the physical
examination of his cell phone gained through his arrest and
detention in Belize and (2) there was insufficient evidence to
sustain his convictions.
IV. STANDARD OF REVIEW
[1] In reviewing a trial court’s ruling on a motion to sup-
press evidence based on a claimed violation of the Fourth
Amendment, an appellate court applies a two-part standard of

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review. 1 Regarding historical facts, an appellate court reviews
the trial court’s findings for clear error. 2 Whether those facts
trigger or violate Fourth Amendment protections is a question
of law that an appellate court reviews independently of the trial
court’s determination. 3 And where the facts are largely undis-
puted, the ultimate question is an issue of law. 4
[2] In reviewing a criminal conviction for sufficiency of the
evidence, whether the evidence is direct, circumstantial, or a
combination thereof, the standard is the same: An appellate
court does not resolve conflicts in the evidence, pass on the
credibility of witnesses, or reweigh the evidence; such matters
are for the finder of fact. 5
[3] The relevant question in reviewing a criminal conviction
for sufficiency of the evidence is whether, after viewing the
evidence in the light most favorable to the prosecution, any
rational trier of fact could have found the essential elements of
the crime beyond a reasonable doubt. 6
V. ANALYSIS
Scott asserts that the district court erred by denying his
motion to suppress the evidence obtained through his arrest,
search, and detention by Belizean police. Scott also asserts
that there was insufficient evidence to support his convictions
of first degree murder, use of a deadly weapon (firearm) to
commit a felony, and tampering with physical evidence. We
reject Scott’s arguments and affirm the judgment of the dis-
trict court.
1 State v. Rush, 317 Neb. 622, 11 N.W.3d 394 (2024), modified on denial of
rehearing 317 Neb. 917, 12 N.W.3d 787.
2 Id.
3 Id.
4 Id.
5 State v. Kilmer, 318 Neb. 148, 13 N.W.3d 717 (2024).
6 See id.

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1. Motion to Suppress
Scott argues the cell phone evidence obtained through
Belizean police’s arrest, search, and detention of him should
have been suppressed under the Fourth Amendment’s exclu-
sionary rule. According to Scott, he was illegally searched
and detained under the Belize Immigration Act and was not
afforded the procedural safeguards of the extradition treaty
between the United States and Belize. Scott argues his arrest
and the subsequent search fall under the “joint venture” excep-
tion to the general rule that the Fourth Amendment and the
exclusionary rule do not apply to evidence seized from a
search by foreign authorities in their own countries. Scott does
not assert that any other exception applies.
[4-7] The Fourth Amendment to the U.S. Constitution and
article I, § 7, of the Nebraska Constitution prohibit unreason-
able searches and seizures. 7 The Fourth Amendment provides:
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
Whether a search and seizure violates the general proscription
against being unreasonable depends on the norms the Fourth
Amendment was meant to preserve and an assessment of
the degree to which it intrudes upon an individual’s privacy
versus being needed for the promotion of legitimate govern-
mental interests. 8 The Fourth Amendment was not intended to
operate as a redundant guarantee incorporating subsequently
enacted statutes. 9 Under the warrant clause of the Fourth
7 State v. Simons, 315 Neb. 415, 996 N.W.2d 607 (2023).
8 See Virginia v. Moore, 553 U.S. 164, 128 S. Ct. 1598, 170 L. Ed. 2d 559
(2008).
9 See id. See, also, e.g., U.S. v. Ryan, 731 F.3d 66 (1st Cir. 2013); 2 Wayne
R. LaFave et al., Criminal Procedure § 3.1(e) (4th ed. 2015) (Fourth
Amendment exclusionary rule and other remedies).

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Amendment, warrantless searches and seizures are per se
unreasonable, subject only to a few specifically established
and well-delineated exceptions, which must be strictly con-
fined by their justifications. 10
[8,9] Under the exclusionary rule, evidence obtained in vio-
lation of the Fourth Amendment generally cannot be used in
a criminal proceeding against the victim of the illegal search
and seizure. 11 The exclusion of evidence obtained in violation
of the Fourth Amendment is not itself a constitutional right. 12
Rather, it is a remedy designed to deter constitutional viola-
tions by U.S. law enforcement. 13
[10-13] The Fourth Amendment and the judicially created
exclusionary rule do not generally apply to searches and sei-
zures by foreign officials in foreign nations. 14 Neither the 4th
Amendment nor the 14th Amendment is directed at foreign
officials, and it serves no prophylactic purpose to apply the
exclusionary rule to evidence seized by foreign officials in
foreign nations, since what we do will not alter the search
policies of sovereign nations. 15 As a result, evidence seized
from a search by foreign authorities in their own countries is
generally admissible in U.S. courts, even if the search does not
otherwise comply with the Fourth Amendment. 16 An exception
to the general rule that the exclusionary rule does not apply
10 State v. Short, 310 Neb. 81, 964 N.W.2d 272 (2021).
11 State v. Simons, supra note 7.
12 State v. Jennings, 305 Neb. 809, 942 N.W.2d 753 (2020).
13 See id.
14 See, Annot., 3 A.L.R. Fed. 3d Art. 4, § 1 (2015); 68 Am. Jur. 2d Searches
and Seizures § 41 (2020). See, also, State v. Barajas, 195 Neb. 502, 238
N.W.2d 913 (1976).
15 See State v. Barajas, supra note 14. See, also, e.g., U.S. v. Pierson, 73
F.4th 582 (8th Cir. 2023).
16 See 29 Am. Jur. 2d Evidence § 586 (2019). See, also, U.S. v. Stokes, 726
F.3d 880 (7th Cir. 2013); U.S. v. Emmanuel, 565 F.3d 1324 (11th Cir.
2009).

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to evidence seized from a search by foreign authorities exists
when U.S. law enforcement’s participation in the search and
seizure was so substantial as to constitute a “joint venture”
between U.S. and foreign officials. 17
[14] We observe at the outset that even if the Fourth
Amendment’s exclusionary rule applies to a foreign search and
seizure, the evidence need not be suppressed unless the for-
eign search was unreasonable. 18 Scott believes the search and
seizure of his cell phone by Belizean police was unreasonable
because it allegedly violated the Belize Immigration Act and
the extradition treaty between the United States and Belize.
Particularly, Scott complains that he was arrested without a
warrant or the necessary supporting documentation for a pro-
visional arrest and that he was not afforded a hearing before
a magistrate to determine if he should be detained in custody.
[15] The warrant clause of the Fourth Amendment has
no extraterritorial application 19; thus, the conduct of foreign
officials in foreign nations must be tested by the Fourth
Amendment’s 	general 	proscription 	against 	unreasonable
searches and seizures. 20 Other than pointing to the alleged vio-
lations of law, Scott does not explain how the search that led to
the discovery of his cell phone or its seizure was constitution-
ally unreasonable. In any event, because we ultimately hold
that the cell phone was not seized by Belizean police pursuant
to a joint venture with U.S. governmental authorities, we need
not address whether the alleged violations of a foreign law and
a treaty agreement violated the Fourth Amendment’s general
proscription against unreasonable searches and seizures.
17 See State v. Barajas, supra note 14, 195 Neb. at 506, 238 N.W.2d at 915.
See, also, Annot., 3 A.L.R. Fed. 3d Art. 4, supra note 14, § 6.
18 U.S. v. Getto, 729 F.3d 221 (2d Cir. 2013).
19 See, U.S. v. Stokes, supra note 16; U.S. v. Barona, 56 F.3d 1087 (9th Cir.
1995). See, also, United States v. Verdugo-Urquidez, 494 U.S. 259, 110 S.
Ct. 1056, 108 L. Ed. 2d 222 (1990).
20 U.S. v. Getto, supra note 18; U.S. v. Barona, supra note 19.

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We adopted the joint venture exception in State v. Barajas. 21
In Barajas, we held that there was insufficient evidence of a
joint venture for the Fourth Amendment to apply to Mexican
authorities’ search and seizure from a residence in Mexico
where 	Nebraska 	law 	enforcement 	had 	requested 	that 	the
Mexican authorities search the residence for specific evidence
and had supplied the address to be searched. 22 We said, “A
greater activity by the American police is required before there
is a joint venture . . . .” 23
[16] This is consistent with other jurisdictions. A joint ven-
ture is not created by U.S. officials’ identification and notifica-
tion of a suspect in a foreign country, provision of information
to the foreign authorities, and request that the foreign authori-
ties conduct a search or seizure. 24
[17-20] The “‘joint venture’ doctrine is a purposefully lim-
ited exception” with a “high threshold for a defendant to invoke
it.” 25 The question of whether a joint venture existed between
U.S. law enforcement and foreign officials is dependent on the
facts and circumstances of a case, and not one fact or circum-
stance, or combination thereof, is dispositive in this analysis. 26
But “[t]he general proposition being applied is that use of the
exclusionary rule with respect to foreign searches is justifiable
only when American authorities may fairly be held accountable
for not preventing the particular conduct complained of.” 27
21 State v. Barajas, supra note 14.
22 Id.
23 Id. at 506, 238 N.W.2d at 916.
24 See, U.S. v. Pierson, supra note 15; U.S. v. Behety, 32 F.3d 503 (11th
Cir. 1994); United States v. Morrow, 537 F.2d 120 (5th Cir. 1976); U.S. v.
Flath, 845 F. Supp. 2d 951 (E.D. Wis. 2012); U.S. v. Adler, 605 F. Supp.
2d 829 (W.D. Tex. 2009).
25 U.S. v. Angulo-Hurtado, 165 F. Supp. 2d 1363, 1371 (N.D. Ga. 2001).
26 See, U.S. v. Lee, 723 F.3d 134 (2d Cir. 2013); U.S. v. Barona, supra note
19.
27 1 Wayne R. LaFave, Search & Seizure, A Treatise on the Fourth
Amendment § 1.8(h) at 466 (6th ed. 2020).

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In other words, for a true joint venture to have occurred, U.S.
officials must have been “‘controlling or directing the conduct
of the foreign parallel investigation.’” 28
The facts and circumstances in the instant case fail to show
that the involvement of U.S. officials in the Belizean police’s
arrest, search, and detention of Scott or their seizure of his
property was so substantial as to be a joint venture. Belizean
police alone executed Scott’s arrest and detention, during
which they seized Scott’s property. The involvement of U.S.
law enforcement mainly consisted of communicating with the
Belizean informant about Scott’s location, confirming with
Belizean authorities that Scott had entered Belize illegally,
notifying Belizean police that Scott was a U.S. fugitive who
was potentially in Belize, requesting Belizean police’s assist-
ance in apprehending Scott, and identifying Scott and con-
firming the details of his arrest warrant. The record does not
suggest that U.S. law enforcement was involved in Belizean
police’s decisions regarding their execution of Scott’s arrest,
their seizure of evidence from him, or their detention of him
overnight.
[21] Scott argues that U.S. law enforcement also arranged
and funded his flight to the United States and somehow com-
pelled the Belizean immigration authorities to issue its order
for him to leave. These actions pertain to Scott’s deporta-
tion after the cell phone was seized. As with the application
of a similar doctrine to the fruits of a private search, once a
foreign search and seizure has been completed, subsequent
involvement of U.S. governmental agents in the process of
the foreign authorities’ voluntarily handing over the object
they seized is not relevant to its admissibility under the Fourth
Amendment. 29
28 U.S. v. Pierson, supra note 15, 73 F.4th at 590.
29 See U.S. v. Maturo, 982 F.2d 57 (2d Cir. 1992). See, also, U.S. v. Lee,
supra note 26; State v. Weaver, 231 N.C. App. 473, 752 S.E.2d 240 (2013).

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The involvement of U.S. law enforcement did not amount to
its substantial participation in Belizean police’s arrest, search,
and detention of Scott or seizure of Scott’s cell phone. 30 Thus,
U.S. law enforcement was not in a joint venture with Belizean
police, 31 who had enforced their own laws while executing
the arrest, search, and detention before deporting Scott as a
“‘prohibited immigrant’” under the authority of their own
immigration law. Therefore, the district court did not err in
denying Scott’s motion to suppress the evidence that Belizean
police seized.
[22] For the sake of completeness, we also find that the
admission of the evidence derived from the seizure of Scott’s
cell phone was harmless. The erroneous admission of evidence
is harmless error and does not require reversal if the evidence
is cumulative and other relevant evidence, properly admitted,
supports the finding by the trier of fact. 32 At trial, the evidence
from Scott’s cell phone was limited to his internet searches
about Allen’s disappearance, obtaining a counterfeit Belizean
identification card, and avoiding Belizean law enforcement.
Scott testified at trial about these same acts, i.e., his internet
searches regarding Allen, extradition, and where he could
avoid law enforcement in Belize. Scott also testified that he
was “looking up everything possible to escape.” Because
Scott’s testimony was cumulative of the evidence derived
from the seizure of his cell phone, the admission of Scott’s
cell phone evidence was harmless error. The district court
did not commit reversible error in denying Scott’s motion
to suppress.
2. Insufficient Evidence
Scott next argues there was insufficient evidence of his
intent for the jury to find him guilty of first degree murder,
30 See State v. Barajas, supra note 14.
31 See U.S. v. Pierson, supra note 15.
32 State v. Rush, supra note 1.

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use of a deadly weapon (firearm) to commit a felony, and tam-
pering with physical evidence. Our standard of review is the
same for evidence that is direct, circumstantial, or a combina-
tion thereof: We do not resolve conflicts in the evidence, pass
on the credibility of witnesses, or reweigh the evidence, and
such matters are for the finder of fact. 33 The relevant question
is whether, after viewing the evidence in the light most favor-
able to the prosecution, any rational trier of fact could have
found the essential elements of the crime beyond a reasonable
doubt. 34 We find that a rational trier of fact could have found
the essential elements of all three crimes beyond a reason-
able doubt.
(a) First Degree Murder
[23] Scott was convicted of first degree murder, in viola-
tion of Neb. Rev. Stat. § 28-303 (Cum. Supp. 2024), which
provides in pertinent part: “A person commits murder in the
first degree if he or she kills another person (1) purposely and
with deliberate and premeditated malice . . . .” The three ele-
ments the prosecution must prove beyond a reasonable doubt to
obtain a conviction for first degree murder are as follows: The
defendant (1) killed another person, (2) did so purposely, and
(3) did so with deliberate and premeditated malice. 35
[24-26] Scott does not dispute that he killed Allen and did so
purposely. Instead, he argues there was insufficient evidence
that he killed Allen with premeditated malice. Deliberate mal-
ice, for purposes of first degree murder, means not suddenly
and not rashly, and it requires that the defendant considered
the probable consequences of his or her act before doing
the act. 36 The term “premeditated” means to have formed a
33 State v. Kilmer, supra note 5.
34 Id.
35 Id.
36 Id.

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design to commit an act before it was done. 37 One kills with
premeditated malice if, before the act causing death occurs,
one has formed the intent or determined to kill the victim
without legal justification. 38
[27,28] Premeditation is a mental process and may be
inferred from the words and acts of the defendant and from
the circumstances surrounding the incident. 39 A trier of fact
may infer that the defendant intended the natural and probable
consequences of the defendant’s voluntary acts. 40
[29,30] No particular length of time for premeditation is
required, provided the intent to kill is formed before the act
is committed and not simultaneously with the act that caused
the death. 41 The time required to establish premeditation may
be of the shortest possible duration and may be so short that
it is instantaneous, and the design or purpose to kill may be
formed upon premeditation and deliberation at any moment
before the homicide is committed. 42
Scott asserts that the evidence failed to show he had a
motive to kill Allen at the time he left Topeka and visited
her house in Omaha. He argues that the evidence showed he
simply intended to reconcile with Allen and that there was no
evidence Allen had told him about her date. Scott argues that,
without a motive, no rational finder of fact could have found
that, at that time, he had a premeditated intent to kill Allen.
37 Id.; State v. Barnes, 317 Neb. 517, 10 N.W.3d 716 (2024).
38 State v. Kilmer, supra note 5; State v. Miranda, 313 Neb. 358, 984 N.W.2d
261 (2023).
39 See, State v. Kilmer, supra note 5; State v. Barnes, supra note 37; State v.
Miranda, supra note 38.
40 State v. Kilmer, supra note 5; State v. Yah, 317 Neb. 730, 11 N.W.3d 632
(2024).
41 See, State v. Kilmer, supra note 5; State v. Barnes, supra note 37; State v.
Miranda, supra note 38.
42 State v. Escamilla, 291 Neb. 181, 864 N.W.2d 376 (2015). See, also, State
v. Kilmer, supra note 5.

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Scott further argues there was insufficient evidence that he
killed with deliberate and premediated malice, because the trial
evidence, including his testimony, showed that, after Allen’s
death, he acted in panic and without a clear plan, which he
claims indicates that he did not have a premeditated intent to
kill Allen.
Even if we were to assume that the evidence failed to
establish that Scott had a motive or the premeditated intent to
kill Allen when he drove to Omaha or arrived at her house,
Scott could have formed the requisite intent, and a motive, at
any moment thereafter leading up to the shooting. And there
was circumstantial evidence that Scott’s motive to kill Allen
was jealousy. Scott and Allen had broken up a few weeks
before Allen’s death, and Scott drove from Topeka to the bar
in Omaha because Allen’s location on Snapchat indicated she
was there on a date. Scott called Allen multiple times during
the date, which prompted Allen to turn her cell phone off.
When Allen answered Scott’s fourth call, Allen told Scott
that she was having drinks with her friend. Scott waited in
hiding at Allen’s house because he wanted to “catch her in
the lie.” Scott expressed to Allen how he was “‘angry and
upset’” and had “‘lost everything.’” During Scott and Allen’s
in-person argument preceding the shooting, Scott accused
Allen of cheating on him.
Evidence of Scott’s planning activity also supports the
jury’s finding of premeditation. Scott parked his car at least
a couple of blocks away from Allen’s house in an area with
new construction, where it could not be seen from Allen’s
house and fewer people would be around to see him. Allen’s
friends and family, and Scott himself, did not believe that
Allen owned a firearm or had one in her home. Scott admit-
ted, however, that he had a loaded gun in his car on the night
of Allen’s death.
We decline Scott’s invitation to reweigh the evidence. There
was sufficient evidence to support his conviction of murder in
the first degree.

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(b) Use of Deadly Weapon to Commit Felony
Scott was convicted of use of a deadly weapon (firearm)
to commit a felony, in violation of Neb. Rev. Stat. § 28-1205
(Reissue 2016). Scott argues the evidence was insufficient for
his use conviction because there was insufficient evidence to
convict him of the underlying felony of first degree murder.
Scott does not dispute that he killed Allen or that she died
from a gunshot wound to her chest. Since there was sufficient
evidence of Scott’s premeditation for the jury to convict him
of first degree murder, we find that the evidence was also suf-
ficient to convict Scott of use of a deadly weapon (firearm) to
commit a felony.
(c) Tampering With Physical Evidence
Lastly, we address Scott’s challenge to the sufficiency of the
evidence to support his conviction of tampering with physical
evidence, in violation of Neb. Rev. Stat. § 28-922(1)(a) (Cum.
Supp. 2024). Section 28-922 provides, in pertinent part:
(1) A person commits the offense of tampering with
physical evidence if, believing that an official proceeding
is pending or about to be instituted and acting without
legal right or authority, he . . .
(a) [d]estroys, mutilates, conceals, removes, or alters
physical evidence with the intent to impair its verity
or availability in the pending or prospective official
proceeding[.]
Scott does not dispute that the evidence at trial showed he
removed and concealed Allen’s body, her cell phone, the fire-
arm that he claimed was Allen’s, and the bullet casing. Scott
also does not deny that, in doing so, he acted without legal
right or authority and with the intent to impair the physical
evidence’s verity or availability in a pending or prospective
official proceeding. Instead, Scott asserts there was insuf-
ficient evidence to show he “believe[ed] that an official pro-
ceeding [was] pending or about to be instituted,” as contem-
plated in § 28-922(1), at the time he removed and concealed

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the physical evidence. Scott relies on the fact that he had
removed and concealed the physical evidence before any offi-
cial proceedings commenced, which he asserts was when his
arrest warrant was issued. This fact does not prevent the jury
from reasonably inferring that Scott believed an official pro-
ceeding was about to be instituted.
Neb. Rev. Stat. § 28-916.01(7) (Cum. Supp. 2024) defines
“[o]fficial proceeding” as used in § 28-922(1) as “a proceeding
heard or which may be heard before any legislative, judicial,
administrative, or other governmental agency or official autho-
rized to take evidence under oath, including any referee, hear-
ing examiner, commissioner, notary, or other person taking tes-
timony or deposition in connection with any such proceeding.”
The phrase “believing that an official proceeding is pending
or about to be instituted” in § 28-922(1) is identical or very
similar to the language of other states’ statutes. 43 The phrase
is also very similar to that found in a section of the Model
Penal Code. 44
The Model Penal Code and Commentaries provides that
“‘the word “about” should be construed more in the sense
of probability than temporal relation.’” 45 Secondary authority
explains that under statutes modeled after the Model Penal
Code, “‘[i]t is important that the accused recognize that his
conduct threatens obstruction of justice, but it is not critical
43 See, Colo. Rev. Stat. Ann. § 18-8-610(1) (West 2023) (“believing that an
official proceeding is pending or about to be instituted”); Conn. Gen. Stat.
Ann. § 53a-155(a) (West 2023) (“believing that a criminal investigation
conducted by a law enforcement agency or an official proceeding is
pending, or about to be instituted”); Ky. Rev. Stat. Ann. § 524.100(1)
(LexisNexis 2014) (“believing that an official proceeding is pending or
may be instituted”).
44 A.L.I., Model Penal Code and Commentaries § 241.7 (1980). See Lawrence
Solum & Stephen Marzen, Truth and Uncertainty: Legal Control of the
Destruction of Evidence, 36 Emory L. J. 1085 (1987).
45 State v. Jordan, 314 Conn. 354, 379, 102 A.3d 1, 15 (2014) (quoting
Model Penal Code and Commentaries, supra note 44).

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that [the accused] believe that a proceeding or investigation
will commence within a certain time.’” 46
In State v. Foreshaw, 47 the Supreme Court of Connecticut
addressed language identical to § 28-922(1) and found the
evidence sufficient to support a conviction of tampering with
physical evidence when the defendant had thrown her fire-
arm out of her car while fleeing from the location where she
had killed the decedent. The defendant argued the evidence
was insufficient to show she believed an official proceed-
ing was “‘about to be instituted’” because she had discarded
the physical evidence before she had any contact with law
enforcement or the judicial system. 48 The court disagreed. The
court noted the evidence presented at trial included that there
were multiple witnesses to the shooting and that the defendant
had admitted to discarding the firearm “so that she would
not be caught with it.” 49 As explained in a later case, State
v. Jordan, 50 the jury in Foreshaw could have reasonably con-
cluded that the defendant “believed an official proceeding was
‘about to be instituted’ based on the fact that [the defendant]
shot the [decedent] in the presence of numerous witnesses and
anticipated being ‘caught’ by the police.”
The Supreme Court of Kentucky in Phillips v. Com. 51
rejected the defendant’s argument that there was insufficient
evidence he removed and concealed items because they were
physical evidence that might be used in an official proceeding.
The defendant in Phillips removed and disposed of two spent
cartridges and a firearm after he was involved in a shooting
46 Solum & Marzen, supra note 44 at 1115-16.
47 State v. Foreshaw, 214 Conn. 540, 572 A.2d 1006 (1990). See, also,
State v. Jordan, supra note 45.
48 See State v. Foreshaw, supra note 47, 214 Conn. at 550, 572 A.2d at 1012.
49 Id.
50 State v. Jordan, supra note 45, 314 Conn. at 379, 102 A.3d at 15 (quoting
State v. Foreshaw, supra note 47).
51 Phillips v. Com., 17 S.W.3d 870 (Ky. 2000).

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that resulted in one death. 52 Relying on its prior holding in
Burdell v. Com. 53 that “one who conceals or removes evidence
of criminal activity contemporaneously with the commission
of his crime commits the offense of tampering with physical
evidence,” the court in Phillips elaborated that “‘one who has
committed a criminal act and then conceals or removes the
evidence of his crime does so in contemplation that the evi-
dence would be used in an official proceeding which might
be instituted against him.’” 54 In concluding that the evidence
was sufficient to support the defendant’s conviction of tamper-
ing with physical evidence, the court in Phillips reasoned that
“[the defendant’s] actions immediately following and within
[24] hours of the shooting clearly inferred guilty knowledge
and an intent to conceal the circumstances of [the decedent’s]
death and [the defendant’s] involvement therein.” 55
The Colorado Court of Appeals reached a similar conclu-
sion in People v. Newton, 56 under a statute virtually identi-
cal to § 28-922(1)(a), 57 noting that Colorado courts “have
concluded that a defendant’s attempt to conceal an item is
sufficient to establish the defendant’s belief that an official
proceeding was about to be instituted.” 58 The court elaborated
that “a defendant could believe, without certainty, that an
official proceeding is about to be instituted even if the police
have not contacted him.” 59 The defendant in Newton had shot
the decedent before fleeing the scene and burying his gun
because “he ‘didn’t want to get caught.’” 60 The court found
52 Id.
53 Burdell v. Com., 990 S.W.2d 628, 633 (Ky. 1999).
54 Phillips v. Com., supra note 51, 17 S.W.3d at 876.
55 Id.
56 People v. Newton, 517 P.3d 79 (Colo. App. 2022).
57 See Colo. Rev. Stat. Ann. § 18-8-610(1)(a).
58 People v. Newton, supra note 56, 517 P.3d at 86.
59 Id.
60 Id. at 82.

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that burying the gun because he did not want to get caught was
sufficient to show that the defendant “knew . . . his killing of
[the decedent] could trigger an official proceeding” and for a
jury to conclude that an official proceeding was “‘about to be
instituted.’” 61
[31] We agree with these courts that a defendant’s disposal,
removal, or concealment of physical evidence in order not to
get “caught” by law enforcement is sufficient evidence of the
defendant’s “‘belie[f] that an official proceeding [was] pend-
ing or about to be instituted’” at the time he or she disposed
of, removed, or concealed the evidence. 62 In the instant case,
the jury could have easily inferred from the evidence that Scott
believed he would be prosecuted for Allen’s murder when
he removed and concealed physical evidence linking him to
Allen’s death.
Scott testified he was “freaking out” and “panicking” when
he removed from Allen’s house her cell phone, the bullet
casing, and her body. He also removed the bullet holes by
repairing them. After Scott received a phone call from law
enforcement about Allen, Scott “was scared” and purchased a
plane ticket to Cancun for that same day. While at the airport,
Scott threw away, and thus concealed, the bullet casing and
the firearm he claims to have been Allen’s. He had already
concealed Allen’s body. After arriving in Cancun, Scott made
internet searches about Allen, extradition, and avoiding law
enforcement in Belize, which further indicated Scott believed
he would be prosecuted in the United States for Allen’s murder.
Regardless of when Scott’s arrest warrant was issued, there
was sufficient circumstantial evidence for the jury to infer that
Scott “believ[ed] that an official proceeding was pending or
about to be instituted,” as contemplated in § 28-922(1), at the
time he removed and concealed the physical evidence.
61 Id. at 86.
62 Id. See, also, State v. Foreshaw, supra note 47.

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VI. CONCLUSION
The district court did not err in denying Scott’s motion to
suppress the evidence seized by the Belizean police. Also,
when viewing the evidence in the light most favorable to the
prosecution, a rational trier of fact could have found beyond a
reasonable doubt that Scott had the requisite intent to convict
him of first degree murder, use of a deadly weapon (firearm)
to commit a felony, and tampering with physical evidence.
We find no merit to Scott’s challenge of the sufficiency of the
evidence, and we affirm his convictions and sentences.
Affirmed.