State v. Campbell
24 Neb. Ct. App. 861
| Neb. Ct. App. | 2017Background
- Trooper Kyle Gress stopped Alicia R. Campbell for speeding (79 mph in a 65 mph zone) in a marked patrol car; Campbell was the driver, Devin James was front passenger, and Campbell’s 5-year-old sat in the back.
- James recorded and narrated the stop on his phone and obstructed Gress’ view and communication; a nearby rescue unit with its siren on further interfered.
- Gress repeatedly ordered Campbell to exit her vehicle and return to his cruiser; Campbell refused, asked for a supervisor, and said she feared leaving the vehicle because of prior trauma and Gress’ conduct.
- A physical struggle occurred when Gress attempted to unlock the door through a partially opened window; the window was broken, Gress sustained cuts, and officers later arrested Campbell and James.
- An inventory search of the vehicle after arrest uncovered a woman’s purse on the back seat containing a baggie of marijuana and paraphernalia and other items indicative of marijuana use; Campbell was the only adult female in the car and the apparent owner/driver.
- Campbell was charged with multiple offenses; a jury convicted her of failure to obey a lawful order (Class III misdemeanor) and a bench trial convicted her of possession of marijuana and possession of drug paraphernalia; she was sentenced to 7 days in jail for the refusal count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency — failure to obey lawful order | Gress’s order was unlawful because he never told her the reason for the stop and ordered her out almost immediately | The stop was lawful (speeding); officer may lawfully order driver out during stop, especially when passenger obstructs communication | Conviction affirmed: order was lawful and refusal supported conviction |
| Sufficiency — possession of marijuana | Mere presence and passenger’s proximity to purse mean insufficient proof Campbell knowingly possessed drugs | Constructive possession can be inferred: purse appeared to be a female’s, Campbell was the sole adult female and driver with control over vehicle | Conviction affirmed: evidence sufficient to infer constructive possession |
| Sufficiency — possession of drug paraphernalia | Same as marijuana argument — proximity and access point to passenger | Paraphernalia found with marijuana in female purse and other bags; driver status and purse appearance link items to Campbell | Conviction affirmed: evidence supports possession of paraphernalia |
| Excessive sentence | 7-day jail term is excessive; seeks reduction or probation | Sentence within statutory limits and already served | Claim is moot (sentence served); alternatively, sentence not excessive and not an abuse of discretion |
Key Cases Cited
- State v. Draper, 295 Neb. 88 (Neb. 2016) (standard for sufficiency review and abuse-of-discretion sentencing review)
- State v. Verling, 269 Neb. 610 (Neb. 2005) (traffic violation creates probable cause for stop; officer may request driver exit vehicle)
- Pennsylvania v. Mimms, 434 U.S. 106 (U.S. 1977) (once vehicle lawfully detained, officer may order driver out without violating Fourth Amendment)
- State v. Rocha, 295 Neb. 716 (Neb. 2017) (definitions and mens rea for possession of controlled substances)
- State v. Howard, 282 Neb. 352 (Neb. 2011) (constructive possession requires affirmative links to defendant)
- State v. Patterson, 237 Neb. 198 (Neb. 1991) (collateral-consequences exception to mootness of sentence challenges)