HUNCH NOT ENOUGH FOR SEARCH

Lincoln - A pulsating neck artery, trembling hands and a hesitancy to
make eye contact do not justify detaining a motorist after a routine
traffic stop has concluded, the Nebraska Supreme Court said Friday.

The court ruled that the drugs gathered from the resulting search of
Christopher Anderson's vehicle - 230 pounds of marijuana - should not
have been admitted into evidence.

Anderson's conviction on possession of a controlled substance with
intent to distribute was vacated. His case was sent back to Hamilton
County for a new trial, and his sentence of 18 months to three years
also was set aside.

"Trembling hands, a pulsing carotid artery, difficulty locating a
vehicle registration among documents in a glove box and hesitancy to
make eye contact are signs of nervousness which may be displayed by
innocent travelers who are stopped and confronted by an officer,"
Judge Michael McCormack wrote in the 7-0 opinion.

Anderson was stopped on Interstate 80 near the Giltner interchange on
Aug. 27, 1997. A trooper with the Nebraska State Patrol had noticed
that Anderson had only one Ohio license plate despite the fact that
Ohio requires two.

During the traffic stop, the trooper said Anderson appeared to be
extremely nervous. He appeared to hesitate when asked where he was
coming from - Albuquerque, N.M.

The trooper ran a check on Anderson's driver's license and found no
criminal history or other problems.

He then gave Anderson a violation card that carried no penalty. It
only required Anderson to correct the defect that prompted the stop.

The trooper, however, continued to be suspicious. He asked Anderson if
he could search the vehicle. Anderson refused.

At that point, the trooper asked Anderson to wait in his vehicle while
a drug dog was called to the scene. Troopers later found the marijuana
in the trunk.

Anderson argued on appeal that the marijuana evidence should have been
suppressed. He maintained that the trooper did not have the right to
detain him after the traffic stop had concluded and that the trooper
did not have reasonable suspicion that Anderson was engaged in
criminal activity.

The Nebraska Supreme Court agreed, citing several federal and state
cases that indicated "reasonable suspicion" amounts to more than just
a "hunch."

"Anderson's actions during the stop, as described by (the trooper),
did not afford a basis for a reasonable suspicion of criminal
activity, but rather, supported nothing more than a 'hunch,' "
McCormack wrote.

"The fact that the hunch proved to be correct does not legitimize the
seizure and subsequent search."