Two men from California were arrested by Hamilton County, Nebraska police
for allegedly possessing thousands upon thousands of illegal marijuana
items, as well as a “small quantity” of cocaine. Highway patrol
officers claim to have pulled the pair over as they left the I-80 and
ran a stop sign. The officers confirm that they were presented with enough
suspicious behavior to conduct a vehicle search with probable cause.
While searching the interior of the vehicle, police claim to have found
approximately 4,100 illegal items. Most of the items were marijuana edibles
but some were also paraphernalia items and THC in liquid form, possibly
intended for electronic cigarette use.
The occupants of the vehicle were charged with the following drug crimes:
- Possession of hash oil
- Possession with intent to deliver
- Marijuana possession in an amount greater than one ounce but less than a pound
- Possession of drug paraphernalia
- Possession of a no Drug Tax Stamp
Only one occupant was charged with possession of cocaine.
Can Interstate Drug Stops be Defended?
While police do not need a search warrant to search a vehicle on the interstate,
they may not search without legal justification. Since running a stop
sign does not automatically present the suspect as a dangerous criminal,
the alleged probable cause the highway patrol officers had at the time
of the search could be challenged in court. If a criminal defense attorney
can convince the judge that the search was illegal, then all evidence
collected because of the illegal search – as in all 4,100 pieces
of illegal drug items – would have to be deemed inadmissible and
could not influence the outcome of the case.
For more information regarding this ongoing story, interested parties can
click here to read a full article posted by
KWBE News Channel Nebraska. For drug crime defense, the Berry Law Firm can be reached by calling
402.817.6550. The firm’s Nebraska drug defense lawyers offer
free consultations to prospective clients.