State v. Lang, 305 Neb. 726

Background

On Aug. 16, 2017, Officer Renz stopped a vehicle for speeding; Omega Fristoe was the driver and Jessica Lang was the front-seat passenger.
While the officer was preparing the citation but before it was issued, Officer Marcello smelled marijuana from the passenger window and observed Lang handling her purse and lighting a cigarette.
Officers removed both occupants, directed Lang to place her purse on the car hood, and searched the purse, finding marijuana, 3.5 grams of methamphetamine, nonnarcotic pills, and drug paraphernalia.
Lang moved to suppress the evidence as the product of an unlawful search; the district court denied the motion, finding probable cause from the odor and that the purse was a vehicle container.
Lang’s counsel moved three times for a competency evaluation (before jury selection, before trial, and before sentencing); the court denied each motion, finding Lang competent based on observations and her ability to make strategic decisions (e.g., withdrawing pleas to preserve appeal).
Lang waived a jury, proceeded with a stipulated bench trial based on the suppression-hearing record, was convicted of possessing methamphetamine and marijuana, was sentenced, and appealed the suppression, competency rulings, and alleged ineffective assistance of trial counsel.

Issues

Issue	Lang's Argument	State's Argument	Held
Whether the traffic stop was impermissibly prolonged such that the subsequent search was unlawful	The stop had effectively concluded by the time marijuana odor was detected, so further intrusion was unlawful	Odor was detected before the citation was issued, so the stop had not concluded and officers lawfully expanded the inquiry	Court held stop was not impermissibly prolonged; officers smelled marijuana before citation issuance, so expansion was lawful
Whether the automobile exception justified searching Lang’s purse after it was removed from the vehicle	Purse had been removed from the vehicle before the search, so the automobile exception did not authorize its search	Purse was a container within the vehicle when officers developed probable cause; once probable cause to search vehicle existed, it extended to containers	Court held automobile exception applied; search of purse was lawful as it was within the vehicle when probable cause arose
Whether the trial court erred by denying requests for competency evaluations	Lang’s mental-health symptoms and courtroom behavior prevented her from presenting a rational defense; a formal evaluation was required	Court observed Lang’s understanding and decisionmaking across proceedings and found no reason to doubt competence	Court found no abuse of discretion; record showed Lang understood proceedings and could assist counsel
Whether trial counsel provided ineffective assistance (failure to seek interlocutory appeal on competency rulings; failure to move for continuance instead of competency evaluation; stipulating to use of suppression-hearing evidence at bench trial)	Counsel was deficient in these choices, which prejudiced Lang	Counsel’s actions were reasonable strategy, preserved appellate issues, and Lang herself agreed to stipulated bench trial to preserve suppression appeal	Court held claims meritless: no deficient performance shown and record refuted prejudice

Key Cases Cited

Rodriguez v. United States, 575 U.S. 348 (2015) (traffic-stop authority ends when tasks tied to traffic infraction are completed)
State v. Seckinger, 301 Neb. 963 (2018) (officer’s detection of marijuana odor provides probable cause to search vehicle)
State v. Barbeau, 301 Neb. 293 (2018) (odor of marijuana supports reasonable suspicion to investigate drug activity during stop)
Wyoming v. Houghton, 526 U.S. 295 (1999) (probable cause to search vehicle extends to containers within vehicle)
Strickland v. Washington, 466 U.S. 668 (1984) (two-part standard for ineffective assistance of counsel)
State v. Hartzell, 304 Neb. 82 (2019) (standard of review for motions to suppress)