HIGH COURT OVERTURNS POT CONVICTION

A unanimous Nebraska Supreme Court said Friday a State Patrol trooper's
seizure of 229 pounds of marijuana from a motorist's trunk in 1997 was the
fruit of an illegal search.

The ruling could mean a new trial for Christopher D. Anderson, who had been
found guilty in Hamilton County District Court of possession of a controlled
substance with intent to distribute and sentenced to 1 ½ to 3 years in
prison in 1998.

Hamilton County prosecutors could choose to not retry Anderson.

"This leaves them with not a lot of evidence," said Anderson's attorney,
Mike Hansen of Lincoln. "Nervousness, that's about it." Hamilton County
Attorney Michael H. Powell could not be reached.

Supreme Court Judge Michael McCormack wrote that the trooper, Christopher M.
Kolb, did not have the "reasonable suspicion" required to detain Anderson
after a routine traffic stop Aug. 27, 1997, on Interstate 80 near Giltner.

"Trembling hands, a pulsing carotid artery, difficulty locating a vehicle
registration among other 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," McCormack wrote.

Anderson's Dodge Intrepid was eastbound on the interstate when Kolb stopped
the car for not having a front license plate. During the stop, Kolb asked
Anderson for his driver's license and registration but could see the pulse
beat of the man's carotid artery showing through his neck.

The trooper also observed Anderson's hands shake and watched as he nervously
searched the car for his registration. During a conversation about the
reason for the stop, Kolb asked Anderson, who had an Ohio license, where he
was coming from. After several seconds hesitation, Anderson said he had
stayed in North Platte all night. Later he said the trip originated in
Albuquerque, N.M.

At the trial Kolb testified his suspicions were raised by Anderson's
hesitation and comment about North Platte.

Kolb then went back to his patrol car, filled out a violation card and
returned to Anderson's vehicle. Anderson continued to show signs of
nervousness, even after Kolb told him the violation card did not include a
penalty, Kolb said later.

The trooper then told Anderson he was not under arrest or in custody, but
asked him whether he was carrying any illegal drugs or guns. After Anderson
said he did not, Kolb asked for permission to search the car.

When Anderson declined, Kolb told him a drug dog and his handler would be
dispatched to the scene. At this time, Kolb told Anderson to stay in the car
while Kolb called for the dog.

Shortly after the dog and its handler arrived, the canine "alerted" on the
trunk. The dog's handler opened the trunk and found four dufflebags
containing wrapped bundles of marijuana.

In the high court's opinion McCormack said Anderson was not free to drive
off after the trooper handed him the violation card and was therefore
detained. But Kolb's basis for the detention -- Anderson's nervousness, for
example -- fell short of the "reasonable suspicion" standard set by federal
courts.

"Standing alone, these observations did not afford Kolb a basis for
believing that Anderson was involved in criminal activity," McCormack wrote.