A Gering woman sentenced to two years probation for Possession of Methamphetamine has lost an appeal of her conviction to the Nebraska Supreme Court.
35-year-old Kathy Seckinger argued the examination of her vehicle during a 2016 traffic stop by a Nebraska State trooper was an unconstitutional warrantless search.
Seckinger was stopped after reportedly pulling out in front of and cutting off the trooper’s patrol unit.
The trooper said the smell of burnt marijuana was coming from the vehicle, and while no marijuana was found during a search, the officer did find a baggie with about four grams of meth.
Seckinger tried to suppress the evidence at trial but was overruled, and argued to the high court that due to changes in Colorado law and recent Nebraska case law, Nebraska law enforcement needs further support for a search beyond the odor of marijuana.
The Supreme Court rejected the arguments, saying it found no merit to her suggestion. The court noted marijuana remains a controlled substance under both federal and Nebraska law, and detection of the odor of marijuana from a vehicle on Nebraska roads still provides probable cause for a warrantless search.