State v. McCrickert

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State v. McCrickert

Case Number
A-15-1161
Call Date
October 12, 2016
Case Time
9:30 AM
Case Summary

A-15-1161, State of Nebraska v. Brian A. McCrickert (Appellant)

Seward County, District Court Judge James Stecker

Attorney for Appellant: William J. O'Brien

Attorney for Appellee: Douglas J. Peterson, Nathan A. Liss (Attorney General's Office)

Criminal Action: Possession of Marijuana

Action Taken by Trial Court: The court found the stop of Appellant's vehicle was lawful and overruled Appellant's motion to suppress evidence found inside of his vehicle. The court found Appellant guilty of possession of a controlled substance, weighing more than one pound.

Assignments of Error on Appeal: Was there probable cause or reasonable suspicion to support the traffic stop of Appellant's vehicle and did the court err in overruling Appellant's motion to suppress evidence?

Extended Case Summary (for Educational Purposes):
A-15-1161, State of Nebraska v. Brian A. McCrickert (Appellant)

Trial Court: Seward County District Court, Judge James Stecker

Criminal Action: Possession of Marijuana

Background:

Brian McCrickert appeals from a conviction for possession of a controlled substance (marijuana), more than one pound, a Class IV felony.

On December 4, 2013, a Deputy of the Seward County Sheriff's Office observed a black vehicle traveling 66 mph in a 75 mph zone in the left, eastbound lane of Interstate 80. The deputy observed that the black vehicle was impeding traffic and violating the rules of the road by traveling in the left passing lane, while proceeding at a speed slower than the traffic around the vehicle. He conducted a traffic stop of the black vehicle.

The driver and sole occupant of the vehicle was Appellant, Brian McCrickert. The deputy searched the passenger compartment of the vehicle with Appellant's consent. The deputy also searched the trunk and approximately three pounds of marijuana was found. Appellant filed a motion to suppress the evidence citing several grounds, including the assertion that the traffic stop was unconstitutional. A hearing was held on Appellant's motion to suppress. The deputy testified and a DVD of the video captured by the deputy's in-car camera was admitted as evidence.

The court found the stop of Appellant's vehicle was lawful and overruled Appellant's motion to suppress evidence found inside of his vehicle. Appellant waived his right to trial by jury. After a bench trial, the court found Appellant guilty of possession of a controlled substance, weighing more than one pound. Appellant timely appealed his conviction.

Issues the Court of Appeals will consider on Appeal: Was there probable cause or reasonable suspicion to support the traffic stop of Appellant's vehicle and did the court err in overruling Appellant's motion to suppress evidence?

Attorneys:

William J. O'Brian (for Appellant, Brian McCrickert)

Douglas J. Peterson, Nathan A. Liss (Attorney General's Office)(for Appellee, State of Nebraska)

Case Location
Doane University
Panel Text
Moore, Chief Judge, Pirtle, Judge, and McCormack, Justice, Retired