842 N.W.2d 151
Neb. Ct. App.2013Background
- Clark convicted in Douglas County District Court for possession with intent to deliver marijuana.
- Two Omaha officers stopped Clark in a high‑crime area after a traffic violation; odor of marijuana was detected.
- Officer Baines observed marijuana in the back seat, prompting removal of Clark from the vehicle.
- A digital scale with marijuana residue and a larger baggie of marijuana were found in the car; total amount nearly 1½ pounds.
- Clark moved to suppress; district court denied; State moved to consolidate Clark with codefendant Morris; trials were consolidated.
- Clark argues suppression error and prejudice from consolidation; court affirms conviction and consolidation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether suppression was proper based on probable cause | Clark | Clark | Suppression improper was not warranted; probable cause shown |
| Whether consolidation prejudiced Clark | Clark | Clark | No prejudice; consolidation affirmed |
Key Cases Cited
- State v. Smith, 279 Neb. 918 (2010) (probable cause and odor of marijuana as basis for search)
- State v. Daly, 202 Neb. 217 (1979) (odor of marijuana supports probable cause to search)
- State v. McPherson, 266 Neb. 715 (2003) (no automatic prejudice from joint trials; burden on movant)
- State v. Foster, 286 Neb. 826 (2013) (mutually antagonistic defenses not per se prejudicial; severance not required)
- Zafiro v. United States, 506 U.S. 534 (1993) (mutually antagonistic defenses do not mandate severance; can cure prejudice with instructions)
- State v. Alarcon-Chavez, 284 Neb. 322 (2012) (two-part standard for suppression rulings: historical facts vs. constitutional question)