Opinion
No. 41730.
Filed June 12, 1979.
1. Motor Vehicles: Stop and Check: Searches and Seizures: Constitutional Law. Except where there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for a violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment to the Constitution of the United states. 2. Motor Vehicles: Stop and Check: Searches and Seizures. A state may develop acceptable methods for spot checking the validity of motor vehicle registrations and operators' licenses that involve little intrusion or do not involve the unconstrained exercise of discretion. Questioning of all oncoming traffic at roadblock-type stops is one acceptable alternative.
Opinion of July 5, 1978, withdrawn. Judgment of trial court reversed and remanded with instructions to dismiss.
On July 5, 1978, this court filed its opinion in the case of state v. Kretchmar, 201 Neb. 308, 267 N.W.2d 740, affirming the conviction of the defendant for possession of marijuana weighing more than 1 pound; possession of marijuana with intent to manufacture, distribute, deliver, or dispense; and possession of cocaine. Thereafter, the United states Supreme Court granted the defendant's petition for a writ of certiorari, and the case was duly filed with the Supreme Court.
While pending, the Supreme Court of the United states decided the case of Delaware v. Prouse, 440 U.S. 648, 99 S. Ct. 1391, 59 L.Ed.2d 660 (1979). The decision of the Supreme Court in the Prouse case has direct effect upon our decision in state v. Kretchmar, supra. The Supreme Court of the United states vacated and remanded for further consideration the instant case on the basis of its decision in the Prouse case.
Accordingly, our opinion entered in the above-entitled matter on July 5, 1978, is now withdrawn, and the judgment of the trial court is reversed and the cause remanded with instructions to dismiss.
OPINION OF JULY 5, 1978, WITHDRAWN. JUDGMENT OF TRIAL, COURT REVERSED AND REMANDED WITH INSTRUCTIONS TO DISMISS.