Swanton, October 15, 2025
News Summary
Robert Duncan, a 49-year-old from Swanton, Nebraska, is contesting a marijuana possession charge following a traffic stop in York County. He claims the search of his rented minivan was unlawful, despite a drug dog indicating the presence of drugs during the stop. The deputies found less than one ounce of marijuana and a receipt linking Duncan to the substance. He represented himself at trial and was found guilty, planning to appeal the ruling amidst ongoing discussions about marijuana legislation in Nebraska.
Swanton, Nebraska – Robert Duncan, a 49-year-old man from Swanton, is contesting a marijuana possession charge following a traffic stop in York County on February 21, 2024. The stop occurred when a York County Sheriff’s deputy noticed that Duncan’s brake lights were not functioning while he was driving a rented minivan from Denver airport to his home in Nebraska.
Duncan has been charged with possession of less than one ounce of marijuana, classified as an infraction that entails a $300 fine. He is challenging this charge on the grounds that his vehicle was searched unlawfully. A drug dog, however, indicated the presence of drugs in the vehicle, which provided deputies with the probable cause needed to conduct the search.
During the search, deputies discovered less than one ounce of marijuana and a child-proof bag labeled as having 23% THC concentrate marijuana. Additionally, they found a receipt with Duncan’s name dated the same day as the traffic stop, which linked him to the marijuana found in the vehicle. Besides the marijuana possession charge, Duncan was also issued a class III misdemeanor for improper vehicle lighting due to the non-functioning taillights.
Duncan initially attempted to contest the validity of the traffic stop, claiming there was insufficient cause for the search. However, his motion was denied by the judge, who cited the indication from the drug dog within nine minutes of the traffic stop as sufficient reason for the search. Duncan represented himself during the trial held on July 10, where he was ultimately found guilty.
During the proceedings, Sgt. Tyler Samek, the deputy who carried out the search, testified that he was confident the substance discovered was marijuana based on his visual and olfactory observations. The judge, Lynelle Homolka, emphasized that Duncan did not provide any evidence to counter the identification of the substance as marijuana. In his closing statements, Duncan claimed he had never seen the marijuana bag before the stop. However, he did not testify under oath to substantiate this claim.
Judge Homolka ruled that the evidence presented was sufficient to prove, beyond a reasonable doubt, that the substance was consistent with marijuana as outlined by Nebraska law. Following the verdict, Duncan expressed his intent to appeal the court’s ruling.
Background of Marijuana Legislation in Nebraska
In Nebraska, possession of less than one ounce of marijuana is considered an infraction and carries a financial penalty. This legal framework has been a point of contention within the state, as attitudes toward marijuana use continue to evolve across the nation. Marijuana legalization debates have led to various legal challenges similar to Duncan’s case, highlighting the complex intersection of law enforcement, individual rights, and changing societal norms regarding cannabis use.
Summary of Charges and Court Findings
- Duncan charged with possession of less than one ounce of marijuana.
- The charge is classified as an infraction with a $300 fine.
- Duncan is contesting the charge, alleging unlawful search.
- A drug dog’s indication provided probable cause for the search.
- Evidence included less than one ounce of marijuana and a receipt linked to Duncan.
- Duncan found guilty on July 10 after representing himself.
- Plans to appeal the court’s decision.
FAQ
What was Robert Duncan charged with?
Duncan was charged with possession of less than one ounce of marijuana, classified as an infraction that incurs a $300 fine.
Why was Duncan pulled over by the York County Sheriff’s deputy?
Duncan was pulled over because the deputy noticed that his brake lights were not working.
Did Duncan contest the charges against him?
Yes, Duncan is contesting the marijuana possession charge, believing that his vehicle was searched unlawfully.
What evidence was found during the vehicle search?
During the search, deputies found less than one ounce of marijuana and a child-proof bag labeled as 23% THC concentrate marijuana, along with a receipt linking Duncan to the marijuana.
What was the outcome of Duncan’s trial?
Duncan was found guilty during his trial held on July 10 and plans to appeal the court’s ruling.
