The appeals court's finding Tuesday came in the case of 41-year-old Francisco Medina of Turlock, Calif., who was charged with possession of a controlled substance with intent to deliver for the stop Oct. 2 west of Lincoln.
The finding reverses a lower court's ruling that said the trooper was wrong to stop Medina, because Medina's right tires only briefly drifted onto the shoulder. A Lancaster County District judge said that did not constitute driving on the shoulder and, therefore, the drugs found in the RV could not be allowed into evidence.
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