A Gering woman convicted of a charge of Possession of Methamphetamine will have her case reviewed by the Nebraska Supreme Court later this fall.
35-year-old Kathy Seckinger contends that the four grams of methamphetamine found in her purse stems from a warrantless search of her vehicle.
Seckinger was pulled over on January 9, 2016 after reportedly pulling out in front of a State Trooper- forcing the officer to slam on the brakes to avoid a collision. A traffic stop was initiated, and the trooper smelled burnt marijuana coming from the vehicle.
A search of the vehicle was conducted, and although no marijuana was found, a baggie with approximately four grams of methamphetamine was found in Seckinger’s purse.
While the case was in District Court, her attorney’s filed a motion to suppress, which was overruled. She was subsequently found guilty of the Class IV Felony and sentenced to two years of probation.
In her appeal, she states recent case law in Nebraska and changes in Colorado’s marijuana laws. She claims probable cause can no longer be based on the odor of marijuana claimed by Nebraska law enforcement. She says marijuana can be legally smoked in her vehicle in Colorado, but the basis of odor in Nebraska needs no further support for a search.
The Nebraska Supreme Court is scheduled to hear this case on November 2nd in Schuyler.