State v. Au, 285 Neb. 797

Au was a passenger in a vehicle stopped for briefly crossing the lane divider on I-80.
The district court ruled crossing the line created probable cause to stop and denied Au’s suppression motion.
Peterson testified the vehicle crossed the divider twice, under conditions including a road break and a curve.
Video corroborated touching the divider; Peterson admitted such touching happens commonly, even with unimpaired drivers.
Au moved to suppress evidence; the district court overruled, leading to a bench trial and conviction for possession with intent to deliver.
The Supreme Court of Nebraska reversed, holding that mere touching/crossing of a divider line is not a violation and the stop lacked both probable cause and reasonable suspicion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did touching the lane divider establish probable cause?	Au's position: crossing the line violated § 60-6,139(1) and created probable cause to stop.	Au's position: statute requires driving within lane as nearly as practicable; mere touching is not a violation.	No probable cause; crossing line not a violation; stop invalid.
Was there reasonable suspicion to justify an investigatory stop?	Au contends no reasonable suspicion existed beyond minor lane touching.	Au contends Peterson had reasonable suspicion from observed impairment.	No reasonable suspicion; evidence failed to show impairment; stop invalid.

State v. Nolan, 283 Neb. 50 (2012) (probable cause standards for traffic stops in Nebraska)
State v. Magallanes, 284 Neb. 871 (2012) (statutory interpretation and traffic stop standards)
State v. Parks, 282 Neb. 454 (2011) (driving within lane and reasonable suspicion considerations)
State v. Eberly, 271 Neb. 893 (2006) (statutory language and ordinary meaning in traffic statutes)
Berkemer v. McCarty, 468 U.S. 420 (1984) (reasonable suspicion standard for investigatory stops)
State v. Thomte, 226 Neb. 659 (1987) (weaving and impairment considerations in stops)
State v. Dail, 228 Neb. 653 (1988) (impaired driving and stop justification contexts)
State v. Beerbohm, 229 Neb. 439 (1988) (historic impairment-related stop standards (superseded in part))