Defendant’s council claims unlawful search leading to felony charge

KIMBALL -- A Colorado man facing a felony possession charge in Kimball County appeared in court Tuesday afternoon where his attorney made a motion for a suppression hearing on grounds that police conducted an unlawful search that led to his arrest. 

Sixty-two-year-old Kelly Schuessler was arrested June 1 at Rook RV Park after Kimball County Sheriff’s Office was dispatched to the area due to a report of a suspicious person. 

Sheriff David Hottell previously told News Channel Nebraska that upon arrival, the deputy encountered a woman who was with a male, identified as Schueseler, and due to strange behavior, he asked if there was anything illegal in his vehicle. The deputy stated that Schueseler said he had a marijuana pipe, after which the deputy conducted a search of the vehicle and found methamphetamine. 

Schueseler’s attorney Stacy Bach stated in court that police had no probable cause for the search and is filing a motion for a suppression hearing. 

Schuessler has pled not guilty, and the suppression hearing has been set for Oct. 3.