State v. Kellogg, 859 N.W.2d 355

On June 12, 2012, Trooper Jason Morris stopped Betty Kellogg for speeding (73 mph in a 60 mph zone).
During the stop Kellogg had difficulty producing her license and registration, appeared confused, restless, and repeatedly passed over her license while searching her wallet.
Trooper Morris (a certified drug recognition expert) administered several field sobriety tests; he observed impairment on all but the horizontal gaze nystagmus test; a preliminary breath test read .000.
Kellogg refused to provide a urine sample; Trooper Morris arrested her for DUI (drug impairment) and performed an inventory search of the vehicle, finding a baggie of methamphetamine in her wallet.
The district court denied Kellogg’s motion to suppress, found probable cause for arrest, accepted a stipulated bench trial on the evidence, convicted her of possession of methamphetamine, and sentenced her to probation; Kellogg appealed.

Issue	Plaintiff's Argument (Kellogg)	Defendant's Argument (State)	Held
Whether officer had reasonable, articulable suspicion to expand traffic stop into DUI investigation	Observations of nervousness and difficulty finding license only show ordinary nervousness and do not justify continued detention	Officer’s observations (confusion, inability to concentrate, hyperactivity, repeated missing of license) plus training constitute reasonable suspicion when viewed together	Majority: reasonable suspicion existed; dissent: would reverse
Whether probable cause supported arrest for DUI (drug impairment)	Field tests and observations were equivocal; age and lack of some objective indicators undermine probable cause	Totality of circumstances (field-test impairment, negative breath test suggesting drug impairment, officer’s DRE training, refusal to provide urine) supplied probable cause	Held: probable cause existed; arrest lawful

State v. Howard, 282 Neb. 352 (2011) (traffic violation permits stop and investigations reasonably related to the stop)
State v. Bol, 288 Neb. 144 (2014) (review standard for suppression rulings: factual findings for clear error, legal conclusions de novo)
State v. Scheffert, 279 Neb. 479 (2010) (Fourth Amendment requires probable cause for arrest)
State v. Matit, 288 Neb. 163 (2014) (probable cause based on totality of circumstances under objective reasonableness)
State v. Lee, 265 Neb. 663 (2003) (reasonable suspicion determinations reviewed de novo)
State v. Louthan, 275 Neb. 101 (2008) (nervousness alone is of limited significance and generally insufficient for reasonable suspicion)