State v. Jasa, 297 Neb. 822

On Feb. 14, 2015, Lincoln officers stopped Jamos M. Jasa after a dispatch from Lincoln Fire & Rescue and their observation that his pickup was weaving and briefly crossed a lane line; officers conducted field sobriety tests and a preliminary breath test and arrested him for DUI.
At the jail, Officer Morrow observed Jasa for 15 minutes before Officer Sears administered a certified Class B breath test that produced a .191 BAC result; Morrow completed the Department of Health and Human Services checklist (Attachment 16) and listed Sears as the permit holder.
Jasa twice requested a blood test while detained; officers told him he could arrange independent testing and use the jail telephone, but they did not transport him to a hospital or otherwise assist in arranging testing.
Jasa spent ~3½ days in custody (made 45 phone calls) but did not successfully arrange an independent blood test; at a suppression hearing he attempted later calls to hospitals and testing facilities which reported they do not come to the jail.
The district court denied Jasa’s motion to suppress (finding reasonable suspicion for the stop based on weaving and the LFR tip; finding the 15-minute observation requirement satisfied even though one officer observed and another administered the test; and finding no § 60‑6,199 violation because officers allowed telephone access). Jasa was convicted by jury of aggravated DUI (third offense) and appealed.

Issue	Jasa's Argument	State's Argument	Held
Legality of traffic stop — reasonable suspicion / probable cause	Stop was unsupported; LFR tip and officers’ observations insufficient	Officers observed weaving and lane crossing; traffic violation gives probable cause	Stop was justified; record supports reasonable suspicion / probable cause
Breath test procedure under title 177 — 15‑minute observation	Sears did not personally observe for 15 minutes; another officer’s observation cannot substitute without communication	Attachment 16 tasks were completed; Morrow (permit holder) observed 15 min and completed checklist; title 177 does not require same officer do both tasks	Admissible; foundational requirements under title 177 were met
Right to independent testing under § 60‑6,199	Officers should have assisted more (transport, arrange test) because facilities would not come to jail and defendant was nonbondable for days	Officer fulfilled statutory duty by allowing phone access; police need not assist beyond not hampering efforts	No § 60‑6,199 violation; allowing telephone access satisfied the statute as interpreted in Dake
Suppression / admissibility of breath result	Breath result should be suppressed if above errors found	Breath result properly admitted (foundational proof and no statutory violation)	Breath test admissible; suppression properly denied

State v. McCumber, 295 Neb. 941 (Neb. 2017) (standard of review for suppression: factual findings for clear error; legal Fourth Amendment questions reviewed de novo)
State v. Sanders, 289 Neb. 335 (Neb. 2014) (officer-observed traffic violations, however minor, create probable cause to stop)
State v. Baue, 258 Neb. 968 (Neb. 2000) (four foundational elements for admissibility of breath test)
State v. Miller, 213 Neb. 274 (Neb. 1983) (distinguishing method and technique; failure to comply with technique affects weight, not foundational admissibility)
State v. Dake, 247 Neb. 579 (Neb. 1995) (interpreting statute to require police not to hamper independent testing but not to transport or otherwise assist beyond allowing telephone access)