State v. Seckinger
301 Neb. 963
| Neb. | 2018Background
- Trooper stopped Kathy Seckinger after her car accelerated into an intersection, nearly causing a collision; stop was recorded by dashcam.
- Upon contact, the trooper testified she smelled burnt marijuana coming from inside Seckinger’s vehicle; Seckinger denied any odor or marijuana and refused consent to search.
- The trooper, who had academy training and experience detecting marijuana odor, ordered Seckinger out and searched the car; no marijuana was found but >4 grams of methamphetamine were discovered.
- Seckinger was charged with possession of methamphetamine and moved to suppress evidence as the product of an unlawful warrantless search.
- The district court found the trooper credible, held the trooper had probable cause to search under the automobile exception, denied the motion to suppress, and Seckinger was convicted after a stipulated-facts bench trial.
- Seckinger appealed solely arguing the odor of marijuana standing alone no longer supplies probable cause to search a vehicle given changes in other states’ marijuana laws.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether odor of marijuana alone provides probable cause to search a readily mobile vehicle | Seckinger: odor alone no longer implies criminal activity post-legalization elsewhere; thus insufficient for probable cause | State: marijuana remains contraband under Nebraska and federal law; a trained officer’s detection of marijuana odor supplies probable cause under the automobile exception | Odor of marijuana detected by a trained officer, from a readily mobile vehicle, still furnishes probable cause to search under the automobile exception; conviction affirmed |
Key Cases Cited
- State v. Benson, 198 Neb. 14 (court upheld warrantless search where trooper smelled marijuana)
- State v. Daly, 202 Neb. 217 (odor of marijuana from vehicle held sufficient to furnish probable cause)
- State v. Ruzicka, 202 Neb. 257 (smell of burnt marijuana upheld as probable cause to search entire vehicle)
- State v. Watts, 209 Neb. 371 (reiterated rule that marijuana odor plus officer expertise supplies probable cause)
- State v. Perry, 292 Neb. 708 (rejected argument that change in penalty for small amounts of marijuana undermines probable cause analysis)