About States of Nebraska and Oklahoma v. State of Colorado As you are probably aware, the State of Colorado legalized (to a certain extent) the recreational use of marijuana, and the associated marijuana industry. Legalization occurred through an amendment (Amendment 64) to the Colorado Constitution, which voters approved in November, 2012. The first stores selling recreational …
Reasonable Expectation of Privacy
The warrant requirement of the Fourth Amendment of the United States Constitution is still alive in the State of Nebraska. In a December, 2014 Nebraska Supreme Court decision, the Court made it clear that the state must follow Federal Court rulings noting that the warrantless search exceptions recognized in the State of Nebraska do not …
Ferguson, Eric Garner, and Grand Juries in Nebraska
With recent events in Ferguson, MO and with Eric Garner in Staten Island, NY, the term “grand jury” has become a much-discussed topic. There has been confusion as to the composition and purpose of a grand jury. Before getting to the topic of grand juries, however, it is important to give a brief overview of …
The Under the Legal Limit DUI Arrest
While state DUI laws vary, most states prohibit driving with a blood alcohol content (BAC) is greater than .08 grams of alcohol per deciliter of your blood, OR while under the influence of any drug, or alcohol. Many people operate a vehicle relatively soon after drinking (like after last call when the bar closes) and …
Excellence in the Courtroom
Athletes and soldiers achieve excellence through training. In sports, practice is crucial. In the military, battle drills and rehearsals are used to prepare for combat. Any endeavor in which excellence is expected, that requires constant training. This is no different for lawyers. While most states have continuing legal education requirements that mandate attorneys to participate …
Nebraska Forfeiture Cases on the Rise
Years ago, I heard a State Trooper testify that on Interstate 80 drugs travel East and money travels West. Back then, most interstate drug stops involved drugs such as marijuana, methamphetamine, cocaine, and heroin destined for cities such as Chicago, Minneapolis, New York, or Washington DC. While we are still regularly contacted by individuals stopped …
The Constitutional Right to Confront Accusers Still Exists in Sexual Assault Cases
In the recent case in State vs. Lavalleur, the Nebraska Supreme Court found that the defendant was denied his constitutional right to confront the alleged victim when the court prevented him from asking the victim about a relationship in which she was involved when she made the rape allegation. In Lavalleur, the defendant sought to …
DUI Blood Testing: What Are Your Rights in the State of Nebraska?
In April 2013, the U.S. Supreme Court decided Missouri v. McNeely holding that the natural dissolution of alcohol in one’s bloodstream does not necessarily justify a nonconsensual blood draw absent a search warrant. The defendant in McNeely was stopped for speeding and crossing the centerline. During the stop, officers became suspicious that McNeely was intoxicated …
The Federal Criminal Jury Trial
Any person accused of a crime has a Sixth Amendment right to trial. Often in federal drug cases such as possession with intent to distribute cocaine or conspiracy to distribute methamphetamine, the potential sentence if convicted varies greatly. Defendants in federal cases are often faced with a very difficult decision of exercising their right to …
Unreasonable Detention and Drug Dogs: The Rodriguez Decision
On April 21st, in Rodriguez v. The United States, the United States Supreme Court held that without reasonable suspicion, a traffic stop that is extended in order to conduct a drug dog sniff is an unreasonable seizure. This means that unless an officer has more than just a hunch that criminal activity is afoot, the officer …