State v. Rubio

NATURE OF CASE

This case comes before the court on a petition for further review. Appellant, Porfirio Jimenez Rubio, was charged in state court with drug-related offenses. Rubio filed a plea in bar, based on a federal court’s prior determination that the state troopers who seized drugs from Rubio violated his Fourth Amendment rights by conducting an illegal search. The trial court denied the plea in bar, and the Nebraska Court of Appeals affirmed. We granted Rubio’s petition for further review.

BACKGROUND

In November 1998, Rubio was stopped on Interstate 80 by two state troopers because he had a…