OMAHA, Nebraska — The Nebraska Court of Appeals has reversed a drunken driving conviction for a Wisner man who argued his constitutional rights were violated when a police officer stopped him to gather information about someone else's possible criminal activity.
The reversal comes in the DUI case of Adam Woldt, who was convicted last year of drunken driving. Woldt argued that none of the evidence gathered after he was stopped in September 2013 should have been allowed. Woldt reasoned that because the officer had no suspicion that Woldt had committed a crime when he was stopped, his constitutional right to be free of unreasonable search and seizure had been violated.
The appeals court agreed, saying that the officer's need to question Woldt and his concern for public safety didn't outweigh Woldt's liberty interest.
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From Source: http://www.dailyjournal.net/view/story/14dca57f1ddb475d8c98653bf60f3957/NE--DUI-Reversal
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