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STATE v. WENKE

No. S-07-1036.

758 N.W.2d 405 (2008)

276 Neb. 901

STATE of Nebraska, Appellee, v. Marvin R. WENKE, Appellant.

Supreme Court of Nebraska.

December 12, 2008.

Attorney(s) appearing for the Case

Ronald E. Temple, of Fitzgerald, Vetter & Temple, Norfolk, for appellant.

Jon Bruning, Attorney General and Erin E. Leuenberger, Lincoln, for appellee.

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

STEPHAN, J.

The issue in this case is whether Marvin R. Wenke was lawfully arrested for nonpayment of fines, thereby justifying a warrantless search of his person incident to the arrest.

BACKGROUND

In December 2004, Wenke was cited in Holt County for operating a motor vehicle without a valid license. He pled guilty and was sentenced to pay a fine and court costs totaling $91.50. After paying $25.50, Wenke applied for and was granted an extension...

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