State v. Campbell
24 Neb. Ct. App. 861
| Neb. Ct. App. | 2017Background
- Trooper Kyle Gress stopped Alicia R. Campbell on Aug. 27, 2015, for speeding (79 mph in a 65 mph zone); he was in uniform in a marked patrol car.
- A passenger, Devin James, repeatedly talked over the trooper and live‑streamed/recorded the encounter, obstructing communication; Gress asked Campbell to exit the vehicle to complete the stop.
- Campbell refused multiple lawful orders to exit, asked for a supervisor, and only exited after additional troopers arrived; Gress broke the driver‑side window during a struggle and sustained cuts.
- After Campbell and James were arrested, an inventory search uncovered marijuana and paraphernalia in bags/purses on the rear seat; items included grinders, rolling papers, pipes, and small containers with marijuana.
- Campbell was charged with seven counts; acquitted of assault and one vehicle registration count, convicted of failure to obey a lawful order (jury), speeding, possession of marijuana, and possession of drug paraphernalia (bench); sentenced to 7 days in jail on the refusal charge and fines on other counts.
Issues
| Issue | Campbell's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for failure to obey a lawful order | Order was unlawful because officer didn’t state reason for stop and ordered her out almost immediately; she feared for safety | Trooper had probable cause to stop for speeding; officer lawfully ordered driver out to complete stop and for officer safety | Evidence sufficient; order lawful and refusal proved |
| Sufficiency of evidence for possession of marijuana | Mere presence in vehicle and passenger closer to purse make guilt unsupported | Constructive possession shown by location of purse, female‑style purse, Campbell was driver and likely owner of vehicle/purse | Evidence sufficient to infer constructive possession |
| Sufficiency of evidence for possession of drug paraphernalia | Same as marijuana claim—insufficient link to Campbell | Paraphernalia found with marijuana in bags associated with female occupant/driver | Evidence sufficient for possession of paraphernalia |
| Excessive sentence (7 days jail) | Seeks reduction or probation; claims sentence excessive | Sentence within statutory limits; Campbell already served sentence | Claim is moot because sentence served; in any event 7 days not excessive and within statutory range |
Key Cases Cited
- State v. Draper, 295 Neb. 88 (Neb. 2016) (standard for sufficiency review and appellate deference)
- State v. Verling, 269 Neb. 610 (Neb. 2005) (traffic violation establishes probable cause for stop)
- State v. Howard, 282 Neb. 352 (Neb. 2011) (constructive possession standards)
- State v. Rocha, 295 Neb. 716 (Neb. 2017) (possession requires knowing dominion and control)
- Pennsylvania v. Mimms, 434 U.S. 106 (U.S. 1977) (officer may order driver out of vehicle after lawful stop)
- State v. Patterson, 237 Neb. 198 (Neb. 1991) (collateral‑consequences exception to mootness in criminal appeals)
- Johnston v. Nebraska Dept. of Corr. Servs., 270 Neb. 987 (Neb. 2006) (mootness principles)