State v. Fitch

Patrick R. Fitch was charged by information with unlawful possession of a controlled substance (marijuana) with intent to deliver, in violation of Neb. Rev. Stat. § 28-416 (Reissue 1995). Fitch filed a motion to suppress evidence of a controlled substance as well as paraphernalia and records associated with the substance’s use seized by the police during a nighttime search of the house where he resided. The trial court overruled Fitch’s motion to suppress. Subsequently, in a bench trial, Fitch was found guilty of unlawful possession of a controlled substance with intent to deliver and was…