State v. Daly

Spencer, C. J.,

Pro Tem.

Defendant, Thomas Daly, prosecutes this appeal from his conviction for possession of marijuana. His sole assignment of error is the denial of his motion to suppress evidence seized from his motor vehicle. Essentially, the issue is whether the smell of marijuana is sufficient to furnish probable cause for the warrantless search of a motor vehicle. We affirm.

At 8:55 p.m., on March 8, 1977, officer Byron R. Lane of the Nebraska State Patrol, while traveling west on Interstate Highway No. 80 approximately iy2 miles east of the Ogallala interchange, observed defendant’s…