United States v. Paul Brian Portmann

Paul Brian Portmann was stopped by a Nebraska trooper for driving onto the shoulder of the interstate highway in violation of Nebraska traffic laws. See Neb. Rev.Stat. § 60-6,142 (1993). As the trooper stood beside the driver’s door during the stop, he smelled a faint odor of raw marijuana coming from the interior of the car. The trooper completed a valid traffic stop, giving Portmann a warning. Before Portmann could leave, the trooper asked for consent to search Portmann’s car for drugs, weapons, large amounts of cash or alcohol. After the trooper made several attempts to get consent,…