Neb. Court of Appeals reverses ruling in drug case
by
AP
Story Created:
Jun 29, 2011 at 11:56 AM CDT
Story Updated:
Jun 29, 2011 at 11:56 AM CDT
OMAHA, Neb. (AP) The Nebraska Court of Appeals says a state
trooper was right to stop a recreational vehicle later found to
be hauling drugs after the vehicle's wheels briefly drifted onto
the shoulder of a road.
The appeals court's finding Tuesday came in the case of
41-year-old Francisco Medina of Turlock, Calif., who was charged
with possession of a controlled substance with intent to deliver
for the stop Oct. 2 west of Lincoln.
The finding reverses a lower court's ruling that said the
trooper was wrong to stop Medina, because Medina's right tires only
briefly drifted onto the shoulder. A Lancaster County District
judge said that did not constitute driving on the shoulder and,
therefore, the drugs found in the RV could not be allowed into
evidence.
(Copyright 2011 by The Associated Press. All Rights Reserved.)
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