STATE v. SMITH

No. S-09-375.

782 N.W.2d 913 (2010)

279 Neb. 918

STATE of Nebraska, appellee, v. William E. SMITH, appellant.

Supreme Court of Nebraska.

May 28, 2010.


Attorney(s) appearing for the Case

Kevin J. Oursland, Lincoln, for appellant.

Jon Bruning, Attorney General, and Nathan A. Liss for appellee.

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


GERRARD, J.

I. NATURE OF CASE

William E. Smith appeals his conviction for possession of a controlled substance with intent to deliver. Smith argues that the district court erred in denying his motion to suppress evidence of illegal drugs that was discovered in his pocket during a pat-down search outside a nightclub. There are two issues presented in this appeal: whether the evidence obtained was the product of a search within the meaning of the Fourth Amendment...

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