Nebraska Supreme Court Further Defines Legal Probable Cause for Traffic Stops in Nebraska v Au

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On September 22, 2010, Officer Peterson of the Douglas County Nebraska Sheriff's Department pulled over a vehicle with an out of state license plate headed eastbound on Interstate 80. He stopped the vehicle because it momentarily crossed over the divider line between the two eastbound lanes. The defendant was a passenger in the vehicle. Peterson issued a warning ticket for the traffic violation and deployed a drug detection dog which searched the vehicle and ultimately discovered many packets of cocaine in a hidden compartment in the trunk.

Au was charged with "unlawful possession with intent to deliver a controlled substance" and entered a plea of not guilty.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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