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
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.
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.