State v. Perry (re-argument)

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State v. Perry (re-argument)

Case Number
S-14-0506
Call Date
December 3, 2015
Court Number
Douglas
Case Summary

S-14-0506 State v. Detron L. Perry (Appellant)

Douglas County, Judge Joseph S. Troia

Attorneys: Austin N. Relph (Attorney General's Office) --- Robert Marcuzzo (Public Defender's Office) (Appellant)

Criminal: Possession of a controlled substance.

Proceedings below: After a stipulated trial to the court, Appellant was found guilty. He was given 4 years' probation. Following the submission of this case after oral argument to the Nebraska Supreme Court, the Court ordered, on its own motion on June 24, 2015, supplemental briefing, including on the issues of: (1) whether probable cause, alone or with any other factor, is an exception to the warrant requirement of the Fourth Amendment as applied to the search of a person in light of City of Beatrice v. Meints, 289 Neb. 558, 856 N.W.2d 410 (2014); (2) whether the officers had probable cause to arrest Perry for any crime, including possession of illegal drugs and, thus, conduct a search of the person incident to a lawful arrest; and (3) whether the officers lawfully searched appellant pursuant to any automobile exception to the Fourth Amendment. The Court further ordered that the matter be reargued.

Issues: (1) Whether probable cause, alone or with any other factor, is an exception to the warrant requirement of the Fourth Amendment as applied to the search of a person in light of City of Beatrice v. Meints, 289 Neb. 558, 856 N.W.2d 410 (2014); (2) whether the officers had probable cause to arrest Perry for any crime, including possession of illegal drugs and, thus, conduct a search of the person incident to a lawful arrest; and (3) whether the officers lawfully searched appellant pursuant to any automobile exception to the Fourth Amendment.