Nebraska Court Reverses Drug Conviction - KHGI-TV/KWNB-TV/KHGI-CD-Grand Island, Kearney, Hastings

Nebraska Court Reverses Drug Conviction

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OMAHA, Neb. (AP) — The Nebraska Court of Appeals has reversed a man's drug possession conviction, saying law enforcement officers overstepped when they searched his car because he smelled like marijuana in the police station.

The case stems from the 2011 conviction of Roger Dallard, of Grand Island, on a count of possession of methamphetamine. A Hamilton County Sheriff's deputy testified that he smelled marijuana on Dallard, and based on that, followed Dallard to his car and searched it. He found three syringes with traces of meth in them.

Dallard was sentenced to 270 days in jail.

Dallard appealed, raising the question of whether the odor of marijuana on a person inside a building gives police probable cause to search that person's vehicle once he enters it.

The appeals court found it did not.



Copyright 2013 The Associated Press.

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