S-12-0615, State v. Roger L. Dalland (Appellant)
Hamilton County, Judge Michael Owens
Attorneys: Michael P. Kneale (Bradley Elsbernd Andersen Kneale & Mues Jankovitz, P.C.) (Appellant) --- Nathan A. Liss (Attorney General’s Office)
Criminal: Possession of a controlled substance, a Class IV felony
Proceedings below: The trial court overruled Appellant’s motion to suppress evidence. He was found guilty and sentenced. The Court of Appeals reversed. See State v. Dalland, 20 Neb. App. 905 (2013). The State filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Court of Appeals erred in (1) relying on Officer Mertz’s probable cause affidavit which is not in evidence; (2) finding Officer Mertz was a “party” and disregarding his testimony about needles as a “matter of law”; (3) holding that without the testimony about needles, the smell of marijuana did not provide probable cause to search the vehicle.