State v. Schlothauer

Upon reargument and reconsideration of this case, I am unable to join the opinion of the court because I believe it is in error in several respects.

The opinion assumes that the legality of the arrest was an issue in this case and relies upon State v. Dickson, 205 Neb. 476, 288 N.W.2d 48 (1980), in support of that premise. The opinion further relies upon Payton v. New York, Riddick v. New York, 445 U.S. 573, 100 S. Ct. 1371, 63 L. Ed. 2d 639, decided April 15, 1980, to establish that the arrest may have been illegal.

The Payton case has no application because the arrest in this case was made on…