Nebraska Judge Bars Evidence in Pot Case

By: Associated Press
By: Associated Press

A judge has barred prosecutors from using 75 pounds of marijuana as evidence in the case against a 54-year-old New Jersey man.

Judge Karen Flowers ruled that Nebraska state troopers didn't have
probable cause to search the car driven by William McFadden Jr., of Villas, N.J.

He was arrested for the pot after a traffic stop on Feb. 1, 2010, on Interstate 80 near Waverly in eastern Nebraska.

Flowers says the patrol dog taken to the scene that day didn't follow its normal drug-alert routine of sitting and staring at the vehicle. Instead, that day the dog stood and stared, although it hadn't been trained to do that.

Lancaster County Attorney Joe Kelly said Tuesday that he couldn't immediately comment on the case.

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