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In a motion filed Jan. 8, two days before his trial date, Robert Duncan asked for a continuance due to an "emergency divorce in process, medical issues, etc." 

When the judge denied the request, saying she had continued trial twice at his request previously and that progression standards require a timely resolution of the matter, Duncan sent an email on the day of the trial asking to be allowed to appear by phone.

Judge Lynelle Homolka denied the request, saying that isn't allowed in contested, evidentiary hearings, like trials.

And, when he failed to appear, she issued a warrant for his arrest.  

On Feb. 21, 2024, Duncan, who lives in Vancouver, Washington, and owns a home in Swanton, was driving a rented minivan from the Denver airport to his Nebraska home when he was pulled over by a York County Sheriff’s deputy and told his brake lights weren't working.

When Sgt. Tyler Samek asked to search the Chrysler Pacifica, Duncan refused.

While another deputy reviewed Duncan's rental information, a drug dog indicated there was something in the vehicle, which gave the deputies probable cause to search it.

They found less than an ounce of marijuana. 

And Duncan ended up charged with a class III misdemeanor for improper/defective vehicle lighting and an infraction for the possession of less than 1 ounce of marijuana.

At a hearing in August, Duncan unsuccessfully argued the deputies shouldn't have been able to use the marijuana found in the search to support a charge against him, alleging they didn't have sufficient cause to search.

Assistant York County Attorney Chris Johnson pointed to Samek’s testimony: Duncan was a single individual with little to no luggage driving a large rental car from Denver on a "known drug corridor."

Johnson argued that was enough suspicion for Samek to deploy the dog.

The judge agreed.