State v. Hoehn

Case Number(s)
Case Audio
Call Date
Case Time
Court Number
Scotts Bluff
Case Location
Court Type
District Court
Case Summary

S-22-0885 State of Nebraska (Appellee) v. Michael C. Hoehn (Appellant)

Petition for Further Review from the Nebraska Court of Appeals on appeal thereto from the District Court for Scotts Bluff County, Judge Andrea D. Miller, on appeal thereto from the County Court for Scotts Bluff County, Judge Kris D. Mickey

Attorneys:  Bell Island (Island Law Office, P.C., L.L.O. for Appellant) and Austin N. Relph (Asst. Attorney General for Appellee)

Criminal:  Driving Under the Influence

Proceedings below: The district court overruled Appellant’s Motion to Suppress and convicted him of driving under the influence, which was affirmed by the Court of Appeals in State v. Hoehn, 32 Neb.App. 446, 999 N.W.2d 599 (2023).  Appellant filed a Petition for Further Review, which the Supreme Court granted and transferred this case to its docket.

Issues:  On Petition for Further Review, Appellant makes the following assignment of error:  1)  The Court of Appeals erred in determining the exclusionary rule did not apply in the stop of Mr. Hoehn when the officer made an unconstitutional stop outside the officer’s primary jurisdiction.

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