State v. Rivera (PFR)

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State v. Rivera (PFR)

Case Number
Call Date
September 1, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

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.

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