State v. DeGroat

Following a bench trial, the defendant-appellant, Michael E. DeGroat, was adjudged guilty of the unlawful possession of a controlled substance, lysergic acid diethylamide (LSD), a felony, in violation of Neb. Rev. Stat. §§ 28-416(3) and 28-405(c)(9) [Schedule I] (Cum. Supp. 1992). Asserting that his warrantless arrest was unlawful, DeGroat appealed to the Nebraska Court of Appeals and assigned as error the district court’s failure to suppress the physical evidence seized at the time of his arrest and the statement he later made to the police. Under the power granted us by Neb. Rev. Stat. §…