marijuana legal

Marijuana Wars in Nebraska and Neighboring Colorado

Unreasonable Search and Seizure The Nebraska Supreme Court just rejected an argument that legalization of pot in Colorado should change the standards for searching vehicles in Nebraska. In Nebraska in 2017, a state trooper after watching a car, at high speed, nearly cause an accident at an intersection made a traffic stop. When the trooper approached the vehicle, she smelled burned marijuana. The driver denied that there was marijuana in the vehicle or that marijuana had ever been in the car, and said she would not consent to a search. But the trooper did initiate a search, and found 4 grams of methamphetamine. What is Criminal about Illegal Pot? The driver was arrested and eventually found guilty of possession of drugs. She appealed based on what she maintained was an unreasonable search – the theory being that because the odor of marijuana no longer suggested criminal activity.  Well the judge might have bought that in Colorado but not in Nebraska where pot is not legal. Among the arguments she raised was that the legalization of marijuana in nearby Colorado had “eroded the legal premise” for conducting a warrantless search because “the odor of marijuana standing alone no longer…