State v. Krannawitter, 305 Neb. 66

On July 4, 2017 at about 6:00 a.m., Deputy Dennis Guthard (in a marked cruiser) observed a black Nissan Altima slowly in his residential neighborhood and later pull into a neighbor’s driveway.
Guthard circled back, approached about 5 feet behind the Altima (no lights/siren), activated his cruiser camera, and made contact with driver Amy Krannawitter.
Guthard observed signs of intoxication (disheveled appearance, droopy eyelids, odor of alcohol, bloodshot eyes, slurred speech); a breath test ~90 minutes later read .235 g/210 L.
Krannawitter was charged with aggravated DUI (third offense); she moved to suppress the stop and evidence; the district court denied suppression, concluding either a tier-one encounter or a stop supported by reasonable suspicion.
After conviction, Krannawitter moved for a new trial based on amended certificates of analysis for breath-machine solutions (original certificates named Palmer; amended ones named Hale). The district court denied the motion; Krannawitter appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether initial contact was an unconstitutional seizure requiring suppression	Krannawitter: encounter was a seizure lacking reasonable suspicion	State: encounter was tier-one (consensual) or, in any event, supported by reasonable suspicion	Court: even if a seizure, reasonable suspicion supported brief investigatory stop; suppression denial affirmed
Whether amended certificates are newly discovered evidence and whether they invalidate breath-test foundation / raise confrontation/due-process issues	Krannawitter: amended certificates show original certificates were incorrect, undermining breath-test foundation and raising confrontation and due-process problems	State: amended certificates were not newly discovered or, alternatively, certificates are nontestimonial and foundational elements for admission were satisfied	Court: amended certificates are newly discovered but would not likely produce a substantially different result; certificates are nontestimonial; new-trial denial affirmed

Navarette v. California, 572 U.S. 393 (permits brief investigative vehicle stops on reasonable suspicion)
Terry v. Ohio, 392 U.S. 1 (establishes investigatory stop / reasonable-suspicion framework)
State v. Schriner, 303 Neb. 476 (articulates Nebraska three-tier police‑citizen encounter framework)
State v. Fischer, 272 Neb. 963 (certificates of analysis are nontestimonial)
State v. Jasa, 297 Neb. 822 (sets four foundational elements for breath-test admissibility)
State v. Cross, 297 Neb. 154 (standard for newly discovered evidence in a new‑trial motion)
State v. Barbeau, 301 Neb. 293 (reasonable-suspicion analysis considers content and reliability of information)
Illinois v. Wardlow, 528 U.S. 119 (unprovoked flight and evasive behavior can inform reasonable-suspicion analysis)