State v. Botts
910 N.W.2d 779
Neb.2018Background
- At ~2:30 a.m., Officer Drager found Botts pushing a stalled vehicle partially blocking a roadway; Botts said he ran out of gas.
- Officer Tran earlier (about 2½ hours before) had stopped Botts for traffic violations, noticed a slight odor of alcohol, and observed alcohol in the vehicle but did not initiate a DUI investigation.
- Drager, told of Tran’s prior contact and his observations of Botts’ erratic, verbally abusive behavior, approached to begin a DUI inquiry; other officers arrived and surrounded Botts at a light pole.
- An officer drew a Taser and officers ordered Botts to put his hands behind his back; Botts complied and was handcuffed and placed in a patrol cruiser.
- The vehicle was towed and, pursuant to department policy, an inventory search revealed the handle of a machete under the driver’s seat; Botts was charged with possession of a deadly weapon by a prohibited person.
- The district court denied a motion to suppress; the Court of Appeals reversed, concluding the arrest lacked probable cause and ordered conviction vacated; the Nebraska Supreme Court granted further review.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Botts) | Held |
|---|---|---|---|
| Whether Botts was "seized" (tier classification) when surrounded by officers vs. when handcuffed | Seizure occurred when Drager approached to begin a DUI stop (tier-two); surrounding and safety measures did not convert it to an arrest | Seizure/arrest occurred when officers surrounded him with a Taser drawn (earlier), so arrest preceded probable cause | Court: Seizure began when Drager approached to start the DUI inquiry; timing (surrounded vs. handcuffed) immaterial for probable-cause analysis given ~10 seconds elapsed |
| Whether officers had probable cause to arrest Botts for DUI | Prior stop (Tran) reporting odor of alcohol + alcohol in vehicle, plus Botts’ later erratic demeanor when approached, provided probable cause under the totality of circumstances | Officers lacked probable cause: no one smelled alcohol at the later contact, Botts’ behavior had innocent explanations, and officers did not know he had driven the vehicle | Court: Probable cause existed under an objective totality-of-circumstances test; officers not required to rule out innocent explanations; Court of Appeals erred in vacating conviction |
| Admissibility of machete found during inventory search of towed vehicle | Inventory search of vehicle pursuant to department policy was valid because arrest was supported by probable cause | Search was fruit of an unlawful arrest and thus invalid | Court: Because probable cause supported the arrest, the inventory search was lawful and the machete admissible |
| Appropriate remedy after Court of Appeals reversed conviction | State: Court of Appeals erred and conviction should stand or be reconsidered on other issues | Botts: Suppression and vacatur were proper | Court: Reversed Court of Appeals; remanded for consideration of Botts’ remaining assignments of error |
Key Cases Cited
- State v. Woldt, 293 Neb. 265 (2016) (defines three-tier framework for police-citizen encounters)
- State v. Rogers, 297 Neb. 265 (2017) (discussion of seizure standards and tiers)
- State v. McClain, 285 Neb. 537 (2013) (probable cause standard for warrantless arrests)
- District of Columbia v. Wesby, 138 S. Ct. 577 (2018) (courts must assess probable cause under the totality of circumstances and avoid ‘‘excessively technical dissection’’)