As an established weed lawyer in Omaha, many of Daniel Stockmann’s cases involve people who pass through Nebraska on their way to their home states. It’s a common scenario simply because Nebraska happens to be one of the few remaining holdout states in terms of marijuana legislation and because it shares a border with one of the most marijuana-friendly states. Law enforcement in Nebraska doesn’t take too kindly to the practice of using the state as a thoroughfare for those toting green goods, and as such, patrols the I-80 with fervor. Nobody is immune to the traffic stops being made; not even senior citizens carrying gifts for their family members.
An Elderly Couple was Arrested with 60 Pounds of Christmas Pot
Last December, an elderly couple, aged 70 and 80, were traveling on Nebraska’s I-80 when they were stopped for a traffic violation, according to reports. At that time, officers discovered 60 pounds of marijuana in the vehicle, worth approximately $300,000. According to the couple, they were headed from their home state of California to Vermont and planned to give the marijuana away as Christmas presents. They claimed they were unaware of Nebraska’s laws, yet were brought up on federal charges designed to punish drug dealers as well as charges for failure to have a drug tax stamp. The latter is a bit of Nebraska irony; there’s a law on the books mandating people pay taxes on marijuana, though the substance is, of course, illegal in the state.
The Pair was Arrested a Second Time a Month Later
Perhaps what makes the story even more interesting is that the couple was arrested a second time a month later on the same stretch of the I-80 as they were headed back home to California. This time, their 24-year-old daughter was behind the wheel when a deputy determined she was following the vehicle in front of them too closely. Excuses like this are used quite often when I-80 stops are made. According to the report, it was “During this time, reasonable, articulable suspicion was obtained that criminal activity was afoot,” though it’s unclear what the deputy used to determine this. A request was made to search the vehicle, which the couple refused, as was their right. From there, a K-9 unit was brought in to do a sniff, and the dog alerted its handler that a substance was present near the rear of the vehicle. No marijuana was found, but officers discovered a duffel bag with a little over $18,000 cash in it as well as a garbage bag. They field tested the trash bag and determined raw marijuana residue was present, and subsequently charged the pair with suspicion of possessing drug money. Their daughter was released with a warning.
A Plea Deal and Probation Have Been Arranged
The couple faced charges from both incidents; possession with the intent to deliver and drug tax stamp for the first arrest and possession of suspected drug money from the second. Both arranged a plea deal for their intent to deliver charges, effectively reducing the charge down to possessing less than one pound of marijuana. Sentencing in that matter is yet to be determined. However, the cash alone got each three years of probation, paired with a 30-day stint in jail if they don’t comply with the terms of probation.
Retain an Experienced Weed Lawyer in Omaha
There are many lessons to learn from this story. First, if you’re traveling on I-80 and look like you’re from out of town, chances are you’ll be stopped. And, if you’re stopped, chances are a K-9 unit will be brought to sniff your vehicle. Secondly, 60 pounds of marijuana is a considerable quantity; one which can result in significant time behind bars and massive fines. Yet, even with this, the pair was still able to have their charges reduced. There are also times in which evidence has been totally thrown out because a judge determined the initial stop was unlawful as well. With no evidence, prosecutors hardly have a case and most charges are dropped altogether. This is what an experienced weed lawyer in Omaha can do for you. Although Daniel Stockmann did not represent the people in these particular cases, these are the types of results his law firm typically produces for his clients; a chance to return home and move on with their lives. If you or a loved one has been nailed in an I-80 stop, call (844) 906-0641 or complete the form on this page for a free case evaluation.