OMAHA, Neb. (AP) — A federal appeals court says drugs found in a car during a Nebraska traffic stop can be used as evidence, despite a U.S. Supreme Court ruling in April that said the search was unconstitutional.

The 8th U.S. Circuit Court of Appeals’ action Thursday is the second time it has ruled against Dennys Rodriguez, who was stopped on a Nebraska highway in 2012 and given a warning for driving on the shoulder. He was then made to wait about 10 minutes while officers walked a drug-sniffing dog around the car, which turned up methamphetamine.

The U.S. Supreme Court said the search was unconstitutional. But an 8th Circuit panel cited a 2011 Supreme Court ruling that said searches relying on binding precedent are permissible, even if such searches are later deemed unconstitutional.