State v. Ferrin, 942 N.W.2d 404

Officers responded to a domestic-disturbance call where M.H. reported recent physical/sexual assault by Benjamin Ferrin, expressed concern about his state of mind, and advised he owned guns.
While officers were with M.H., they stopped Ferrin’s pickup to investigate the reported domestic incident and check his welfare.
Officers repeatedly ordered Ferrin to exit his truck (about eight requests); he repeatedly refused, saying "No, thank you," and later used profanity when told he was under arrest for obstruction.
After a few minutes Ferrin exited, resisted an initial request to kneel but eventually complied, was handcuffed, searched, and arrested; the stop and arrest were video recorded.
Ferrin moved to suppress the stop/arrest and moved in limine to exclude M.H.’s statements; both motions were denied. At trial the video (including M.H.’s statements) was admitted, Ferrin moved for directed verdict, testified, and was convicted under Neb. Rev. Stat. § 28-906(1).
The county court sentenced Ferrin; the district court (on appeal from county court) affirmed; Ferrin appealed to the Nebraska Supreme Court, which affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Ferrin)	Held
1. Motion to suppress stop/arrest	Stop/arrest lawful based on M.H.’s report and officers’ safety concerns	Suppression warranted; stop/arrest lacked probable cause	Not considered on appeal (suppression hearing not in bill of exceptions)
2. Motion in limine to exclude M.H.’s statements	Statements were relevant as they justified the stop and were intertwined with obstruction evidence	Statements were prejudicial and irrelevant to obstruction charge	Denial not reviewable on appeal because Ferrin did not properly preserve the evidentiary ruling beyond the in limine motion
3. Sufficiency of evidence / directed verdict (whether Ferrin used/threatened violence, force, physical interference, or obstacle)	Ferrin’s repeated refusal to exit the vehicle constituted a physical interference/obstacle obstructing officers	Conduct was merely refusal to cooperate/verbal refusal insufficient under Yeutter	Affirmed: a reasonable juror could find Ferrin’s repeated refusals amounted to "physical interference or obstacle" under § 28-906(1)

In re Interest of Richter, 226 Neb. 874, 415 N.W.2d 476 (1987) (running away from officers can constitute a physical obstacle under § 28-906(1))
State v. Yeutter, 252 Neb. 857, 566 N.W.2d 387 (1997) (discussion that mere verbal refusal to provide information ordinarily does not constitute an obstacle; court revisited portions as dicta)
Maryland v. Wilson, 519 U.S. 408 (1997) (officers may order occupants out of a stopped vehicle)
U.S. v. Sledge, 460 F.3d 963 (8th Cir. 2006) (under Nebraska law, running from officers can be a physical obstacle)
State v. Campbell, 260 Neb. 1021, 620 N.W.2d 750 (2001) (resisting handcuffing and struggling suffices for obstruction)