State v. Hartzell
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The Supreme Court affirmed Defendant's conviction and probationary sentence for possession of a controlled substance, holding that the district court did not err when it failed to grant Defendant's motion to suppress evidence found during a search of her vehicle and person, as well as statements Defendant made to law enforcement.
On appeal, Defendant argued that the traffic stop concluded and a voluntary police-citizen encounter began before she consented to a search of her vehicle. The Supreme Court disagreed, holding (1) this court has jurisdiction pursuant to Neb. Rev. Stat. 25-1912(2); and (2) the traffic stop terminated when the officer told Defendant she was free to leave and that what followed was a separate encounter not subject to the Fourth Amendment. Therefore, the Supreme Court did not err by overruling Defendant's motion to suppress, motion to reconsider and vacate, and renewed motion to suppress.
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