State v. Jasa, 297 Neb. 822

Background

On Feb. 14, 2015, Lincoln police officers stopped Jamos M. Jasa after a dispatch reported a pickup "all over the road" and officers observed the vehicle weaving; officer testimony and cruiser video supported the observation.
Officers conducted field sobriety testing and a preliminary breath test; Jasa was arrested for DUI and taken to the Lancaster County jail for an evidentiary breath test.
Officer Morrow observed Jasa for 15 minutes before the breath test while Officer Sears (a Class B permit holder) administered the breath test; Attachment 16 (the Title 177 checklist) was completed identifying Sears as permit holder and recording the observation.
The chemical breath test produced a .191 BAC; Morrow informed Jasa of his right to independent testing and that he could use the jail telephone to arrange it.
Jasa did not arrange a timely independent blood test while in custody (though he made many calls and later attempted to contact hospitals); he moved to suppress the breath result arguing (1) the stop lacked reasonable suspicion/probable cause, (2) noncompliance with Title 177 (15-minute observation), and (3) violation of Neb. Rev. Stat. § 60-6,199 (denial of ability to obtain independent testing).

Issues

Issue	Jasa's Argument	State's Argument	Held
Legality of traffic stop	Stop lacked reasonable suspicion/probable cause; dispatch + observations insufficient	Officers observed weaving (and possibly lane crossing) and had LFR report; any traffic violation supports stop	Stop was justified; district court’s factual findings not clearly erroneous and stop was objectively reasonable
Compliance with Title 177 (15‑minute observation)	Administering officer (Sears) did not personally observe the 15‑minute period; reliance on another officer’s observation fails Title 177	Attachment 16 tasks were completed; Morrow (a permit holder) performed the observation, Sears administered test, checklist was filled out	Admission upheld: State met foundational requirements under Title 177; district court did not err
Right to independent testing under § 60‑6,199	Officers failed to assist/enable independent blood testing; inability to bond made securing test impracticable	Officers informed Jasa of right and allowed telephone access; police need not transport or arrange testing — they must not impede	No violation: allowing telephone access satisfied § 60‑6,199 under Dake; suppression not warranted
Suppression of breath result / Due process claim	Breath result should be suppressed for Fourth Amendment / due process failures	Breath result foundationally admissible and statutory rights were respected; due process claim not raised below	Breath result admissible; due process claim not preserved for appeal; conviction affirmed

Key Cases Cited

State v. McCumber, 295 Neb. 941 (appellate standard for suppression review)
State v. Sanders, 289 Neb. 335 (traffic violation, however minor, provides probable cause to stop)
State v. Baue, 258 Neb. 968 (foundational elements for admissibility of breath tests)
State v. Dake, 247 Neb. 579 (police need not transport or arrange independent tests; must not hamper and should allow telephone access)
State v. Miller, 213 Neb. 274 (distinction between method and technique; noncompliance affects weight/credibility)