State v. Jasa, 297 Neb. 822

On Feb. 14, 2015, Lincoln officers stopped Jamos M. Jasa after a dispatch from Lincoln Fire & Rescue reported a pickup "all over the road;" officers observed the pickup weaving and (per officer testimony) briefly crossing a lane line. Jasa was identified as the driver and tested at the jail.
At the jail, Officer Morrow observed Jasa for 15 minutes before Officer Sears (both Class B permit holders) administered a chemical breath test, which read .191 BAC. Attachment 16 (the checklist) was completed and signed indicating the 15‑minute observation.
Jasa requested a blood test while detained; officers told him he could arrange independent testing and use the jail telephone. Jasa remained in custody (nonbondable) and later made many phone calls but did not arrange a timely independent blood draw.
Jasa moved to suppress the breath result, arguing (1) the stop lacked reasonable suspicion/probable cause, (2) the 15‑minute observation under Title 177 was not properly performed (Sears did not personally observe), and (3) officers violated Neb. Rev. Stat. § 60‑6,199 by not securing independent testing or assisting more than permitting phone access.
The district court denied suppression; following a jury trial Jasa was convicted of aggravated DUI (third offense). The Nebraska Supreme Court affirmed the denial of the suppression motion and the conviction.

Issue	Plaintiff's Argument (Jasa)	Defendant's Argument (State)	Held
Legality of traffic stop	Tip + officer observations insufficient; no violation of municipal lane‑straddling code	Officer observed weaving and lane crossing; any traffic violation supplies probable cause	Stop was justified; reasonable suspicion/probable cause existed
15‑minute observation (Title 177)	Sears did not personally observe 15 minutes; another officer's observation cannot satisfy the checklist	Attachment 16 was completed; Morrow personally observed 15 minutes and was present at test; Title 177 does not require same officer to both observe and administer	Foundation under Title 177 satisfied; breath test admissible
§ 60‑6,199 right to independent testing	Officers had duty to assist more than allowing phone access; failure deprived opportunity for exculpatory blood test	Officers allowed telephone access and did not impede efforts; no statutory duty to transport or arrange test	No violation of § 60‑6,199; allowing phone access sufficient under Dake; suppression not warranted
Suppression / admissibility of breath evidence	Breath result should be suppressed for the above reasons	Foundation for admission met; any technical lapse affects weight, not admissibility	Breath result admissible; convictions affirmed

State v. McCumber, 295 Neb. 941 (2017) (standard of review for suppression—historical facts for clear error; legal Fourth Amendment questions reviewed de novo)
State v. Dake, 247 Neb. 579 (1995) (officers must not hamper independent testing but need only allow telephone access; no duty to transport)
State v. Miller, 213 Neb. 274 (1983) (distinguishing method vs. technique; failures in technique affect weight/credibility)
State v. Baue, 258 Neb. 968 (2000) (four foundational elements required for admissibility of breath test)
State v. Sanders, 289 Neb. 335 (2014) (an observed traffic violation, however minor, supplies probable cause for a stop)