STATE v. McELROY

No. 38521.

202 N.W.2d 752 (1972)

189 Neb. 376

STATE of Nebraska, Appellee, v. Timothy Ray McELROY, Appellant.

Supreme Court of Nebraska.

December 8, 1972.


Attorney(s) appearing for the Case

Shrout, Lindquist, Caporale, Brodkey & Nestle, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Calvin E. Robinson, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


SMITH, Justice.

Defendant was convicted of unlawful possession of cocaine. On appeal he contends (1) no probable cause existed for the warrantless arrest of defendant, (2) seizure of the cocaine in a warrantless search of defendant at the station house subjected the evidence to the exclusionary rules, and (3) conviction without proof of possession of a quantity with a potential for abuse entitled defendant to a new trial.

On October 7, 1971, David Jansa, a...

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