A deputy testified that he smelled marijuana on Roger Dalland, followed him to his car and searched it.
The Nebraska Court of Appeals has reversed a man's drug possession conviction, saying law enforcement officers overstepped when they searched his car because he smelled like marijuana in the police station.
The case stems from the 2011 conviction of Roger Dalland of Grand Island on a count of possession of methamphetamine. A Hamilton County Sheriff's deputy testified that he smelled marijuana on Dalland, and based on that, followed Dalland to his car and searched it. He found three syringes with traces of meth in them.
Dalland was sentenced to 270 days in jail.
Dalland appealed, raising the question of whether the odor of marijuana on a person inside a building gives police probable cause to search that person's vehicle once he enters it.
The appeals court found it did not.