S-16-0255 State v. Jonathan J. Rivera (Appellant)
Lancaster County, Judge Andrew Jacobsen
Attorneys: Mark Rappl (Appellant) --- Kimberly A. Klein (Attorney General’s Office)
Criminal: DUI, 2nd offense, BAC greater than .150, Class I misdemeanor
Proceedings below: The court overruled Appellant’s motion to suppress evidence. After a stipulated trial to the court, Appellant was found guilty of the crime. The Court of Appeals affirmed the conviction and sentence via memorandum opinion. Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Court of Appeals erred in applying the “community caretaking” exception to the 4th Amendment in affirming the lower court’s order overruling Appellant’s motion to suppress.