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STATE v. RUBIO

No. S-00-138.

623 N.W.2d 659 (2001)

261 Neb. 475

STATE of Nebraska, Appellee, v. Porfirio Jimenez RUBIO, Appellant.

Supreme Court of Nebraska.

March 23, 2001.

Attorney(s) appearing for the Case

Alan G. Stoler, Omaha, and Jerry M. Hug, for appellant.

Don Stenberg, Attorney General, and Ronald D. Moravec, Plattsmouth, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

This case comes before the court on a petition for further review. Appellant, Porfirio Jimenez Rubio, was charged in state court with drug-related offenses. Rubio filed a plea in bar, based on a federal court's prior determination that the state troopers who seized drugs from Rubio violated his Fourth Amendment rights by conducting an illegal search. The trial court denied the plea...

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