State v. Jasa, 297 Neb. 822

Shortly after midnight on Feb. 14, 2015, Lincoln officers responded to a dispatch reporting a pickup "all over the road"; officers observed the pickup weaving and at least briefly crossing the lane divider. The driver was Jamos M. Jasa.
Officers conducted field sobriety tests and a preliminary breath test; Jasa was arrested for DUI and taken to the county jail, arriving at 1:04 a.m.
Before the evidentiary breath test, Officer Morrow observed Jasa for 15 minutes for belching/vomiting and completed Attachment 16 (the Title 177 checklist). Officer Sears, a Class B permit holder, administered the breath test at 1:22 a.m., resulting in a .191 BAC.
Morrow read Jasa the statutory advisement under Neb. Rev. Stat. § 60-6,199 and told him he could use the jail telephone to arrange independent testing; Jasa had telephone access and made multiple calls while detained but did not arrange a timely independent blood test.
Jasa moved to suppress the breath-test result, arguing (1) the traffic stop lacked reasonable suspicion/probable cause, (2) Title 177’s 15-minute observation requirement was not properly executed, and (3) § 60-6,199 rights to independent testing were violated. The district court denied suppression and convicted Jasa; the Supreme Court affirmed.

Issue	Plaintiff's Argument (Jasa)	Defendant's Argument (State)	Held
Legality of traffic stop	LFR tip and officer observations insufficient; no traffic violation under municipal code	Officers observed weaving and crossing lane line; any traffic violation creates probable cause	Stop was supported by reasonable suspicion/probable cause; affirmed
Title 177 15-minute observation	Tester (Sears) did not personally observe the 15-minute period; relying on another officer’s observation violates Title 177 methods	Attachment 16 was completed, Morrow (permit holder) observed for 15 minutes and was present at test; Title 177 does not require same officer to both observe and administer	Foundation satisfied; breath result admissible
§ 60-6,199 independent testing	Officers failed to assist or ensure independent testing; inability to obtain test violated statute and warrants suppression	Officers informed Jasa of right and allowed telephone access; police need not transport or arrange tests and cannot be required to do more	No violation; officers did not deny or hamper opportunity—statute satisfied as interpreted in Dake
Due process / exculpatory evidence	Denial of independent blood test deprived him of exculpatory evidence (claimed)	Issue not raised below; waived on appeal	Not considered on appeal (not preserved)

State v. McCumber, 295 Neb. 941 (appellate standard for suppression review)
State v. Sanders, 289 Neb. 335 (traffic violation provides probable cause for stop)
State v. Baue, 258 Neb. 968 (foundational elements for breath-test admissibility)
State v. Miller, 213 Neb. 274 (distinguishing method vs. technique in test administration)
State v. Dake, 247 Neb. 579 (police need not transport or do more than allow telephone access to secure independent testing)
State v. Huff, 279 Neb. 68 (appellate affirmation on alternative grounds)