State v. Harney

Before trial, Daniel M. Harney moved to suppress physical evidence because, as Harney contended, the officers’ search of and obtaining evidence from a vehicle driven by Harney were unreasonable, since the search was not incident to a lawful arrest. After Harney’s suppression motion was overruled, a jury in the district court for Otoe County convicted Harney of possessing a controlled substance, lysergic acid diethylamide (LSD), a violation of Neb. Rev. Stat. § 28-416(3) (Cum. Supp. 1988), which provides in part: “A person knowingly or intentionally possessing a controlled substance [e.g.,…