STATE v. HOWELL

No. S-12-115.

822 N.W.2d 391 (2012)

284 Neb. 559

STATE of Nebraska, appellee, v. Justin D. HOWELL, appellant.

Supreme Court of Nebraska.

October 26, 2012.


Attorney(s) appearing for the Case

Mark Porto , of Shamberg, Wolf, McDermott & Depue, Grand Island, for appellant.

Jon Bruning , Attorney General, and Kimberly A. Klein , Lincoln, for appellee.

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


CASSEL, J.

INTRODUCTION

The principal issue in this appeal is whether a reasonable person would understand that a general consent to search a vehicle for illegal drugs authorized the opening of a gift-wrapped box in the vehicle's storage area. Because (1) the object of the search was clearly disclosed, (2) the container was not equivalent to a locked container and was not destroyed, and (3) the consent was not withdrawn after the officer's interest in the...

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