STATE v. DALLAND

No. A-12-615.

835 N.W.2d 95 (2013)

20 Neb. App. 905

STATE of Nebraska, appellee, v. Roger L. DALLAND, appellant.

Court of Appeals of Nebraska.

Filed June 25, 2013.


Attorney(s) appearing for the Case

Michael P. Kneale , of Bradley, Elsbernd, Andersen, Kneale & Mues Jankovitz, P.C., for appellant.

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

SIEVERS, PIRTLE, and RIEDMANN, Judges.


RIEDMANN, Judge.

INTRODUCTION

This appeal raises one primary issue: Does the odor of marijuana emanating from a person inside a building give a police officer probable cause to search that person's vehicle once he enters it? We find it does not. Accordingly, we reverse Roger L. Dalland's conviction for possession of methamphetamine and remand the cause for a new trial.

BACKGROUND

In May 2011, Dalland received a call from Deputy Aaron Smith...

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