State v. Jasa, 297 Neb. 822

Shortly after midnight on Feb. 14, 2015, Lincoln police were dispatched following a report a pickup was "all over the road." Officers observed the pickup weaving and (per one officer) briefly crossing the lane line and stopped the vehicle; Jamos M. Jasa was the driver.
Field sobriety testing and a preliminary breath test at the scene led to Jasa's arrest for DUI; he was taken to the county jail and a certified officer administered an evidentiary breath test showing a .191 BAC.
Before the evidentiary test, Officer Morrow observed Jasa for 15 minutes (per checklist/Attachment 16). Officer Sears administered the breath test and was listed as the permit holder on the checklist; both officers hold Class B permits.
After testing, officers advised Jasa of his right to obtain independent testing and told him he could use the jail telephone to arrange it; Jasa remained in custody and did not arrange a timely independent blood test.
Jasa moved to suppress the breath test on grounds the stop lacked reasonable suspicion/probable cause, the 15-minute observation requirement under title 177 was not properly executed, and § 60-6,199 was violated because he was not effectively allowed independent testing. The district court denied suppression and the jury convicted; Jasa appealed.

Issue	Plaintiff's Argument (Jasa)	Defendant's Argument (State)	Held
Legality of traffic stop	Stop lacked reasonable suspicion/probable cause; LFR tip and observations insufficient	Officer observed weaving and (per testimony) lane-line crossing; any traffic violation justifies stop	Stop was justified; district court's factual findings not clearly erroneous and stop objectively reasonable (traffic violation creates probable cause)
15-minute observation under title 177	Sears did not personally observe the 15-minute period; reliance on another officer violates the regulation and foundation	Attachment 16 tasks were completed; Morrow (permit holder) performed/recorded the observation and was present at testing	Admissible: checklist and testimony established compliance with title 177; foundation satisfied
Duty to permit independent testing (§ 60-6,199)	Officers should have assisted more (transport, arrange) because Jasa could not timely obtain a blood test while jailed	Officers informed Jasa he could obtain independent testing and allowed telephone access; police need not assist beyond not hampering attempts	No violation: officers fulfilled § 60-6,199 as construed in State v. Dake — they may allow telephone access but have no duty to procure or transport independent testing
Suppression of breath result	Breath result should be suppressed for the above defects	Breath test was properly founded and admissible	Breath result admissible; suppression denied, conviction affirmed

State v. McCumber, 295 Neb. 941 (standard of review for suppression: factual findings for clear error; constitutional questions reviewed de novo)
State v. Sanders, 289 Neb. 335 (traffic violation, however minor, creates probable cause to stop)
State v. Baue, 258 Neb. 968 (four foundational elements required for admissibility of breath test)
State v. Miller, 213 Neb. 274 (distinction between method and technique; failure to comply affects weight/credibility)
State v. Dake, 247 Neb. 579 (officers need not transport or otherwise procure independent testing; must not hamper and may allow telephone calls)