State v. Gilliam, 292 Neb. 770

Early morning (5:39 a.m.) officer Wagner saw a running, legally parked Dodge Ram with lights on; he activated his patrol lights, approached on foot, knocked on the driver’s window, and asked the driver (Gilliam) to roll it down.
Wagner was in uniform, armed, and wearing a badge; Gilliam complied, produced ID, and Wagner detected odor of alcohol, bloodshot/watery eyes, and slurred speech.
Wagner then conducted a DUI investigation and arrested Gilliam; Gilliam moved pretrial to suppress evidence as the encounter was an unreasonable seizure lacking reasonable suspicion.
At trial, the State introduced certified copies of prior DUI/DWI dispositions: a Nebraska conviction and a 2004 Missouri judgment showing Gilliam pled guilty but had imposition of sentence suspended and was placed on probation.
Gilliam argued the Missouri suspended imposition was not a “conviction” under Missouri law and therefore could not be used to enhance his Nebraska DUI sentence; the district court denied suppression and found the Missouri judgment qualified as a prior conviction for enhancement.
Nebraska Supreme Court granted review, addressing (1) whether the initial contact was a Fourth Amendment seizure and (2) whether the Missouri judgment qualified as a prior conviction under Nebraska statute.

Issue	Plaintiff's Argument (Gilliam)	Defendant's Argument (State)	Held
Whether officer’s activation of overhead lights and approach transformed the encounter into a Fourth Amendment seizure requiring suppression	Activation of lights and officer presence made a reasonable person not free to leave; seizure lacked reasonable suspicion	Lights and questioning were a consensual tier‑one encounter; lights alone do not convert approach into a seizure; reasonable suspicion arose after Gilliam rolled down window and officer observed indicia of intoxication	Court held the contact was a tier‑one consensual encounter (no seizure); suppression denied
Whether a Missouri suspended imposition of sentence constitutes a "prior conviction" under Neb. Rev. Stat. § 60‑6,197.02 for sentence enhancement	Missouri law treats suspended imposition as not a conviction; State failed to prove a final conviction	Nebraska statute’s plain meaning defines "conviction" to include judge’s acceptance of a guilty plea; certified Missouri judgment is prima facie evidence and meets Nebraska definition; defendant failed to rebut	Court held the Missouri judgment (plea accepted, sentence suspended) qualifies as a prior conviction under Nebraska law; enhancement upheld

State v. Van Ackeren, 242 Neb. 479 (setting out three‑tier analysis for police‑citizen encounters)
State v. Modlin, 291 Neb. 660 (standard for reviewing suppression rulings)
State v. Wells, 290 Neb. 186 (distinguishing tiers and Terry stops)
State v. Hedgcock, 277 Neb. 805 (Fourth Amendment seizure standard — reasonable person not free to leave)
U.S. v. Clements, 522 F.3d 790 (7th Cir.) (overhead lights alone do not necessarily create a seizure in similar facts)
Yale v. City of Independence, 846 S.W.2d 193 (Mo.) (discussing whether suspended imposition constitutes a conviction under Missouri law)
United States v. Mendenhall, 446 U.S. 544 (factors indicating a seizure include show of force, display of weapon, physical touching, or authoritative language)