State v. Lang, 942 N.W.2d 388

Background

Officer Bret Renz stopped a vehicle for speeding; Omega Fristoe was driver and Jessica Jo Lang was sole passenger.
While preparing the citation (before it was issued), Officer Chris Marcello smelled marijuana from the passenger window; he observed Lang reach into her purse, light a cigarette, and blow smoke inside the car.
Officers removed both occupants, directed Lang to place her purse on the hood, and searched the purse, discovering marijuana, methamphetamine, pills, and paraphernalia.
Lang moved to suppress the purse evidence; the district court denied the motion, finding the odor provided probable cause to search under the automobile exception.
Lang’s counsel sought competency evaluations three times (before jury selection, before trial, and before sentencing); the court denied each request after observing Lang and reviewing prior psychological reports.
Lang proceeded with a stipulated bench trial to preserve appeal of suppression ruling, was convicted of methamphetamine and marijuana possession, received probation and a fine, and appealed.

Issues

Issue	State's Argument	Lang's Argument	Held
Whether the traffic stop was impermissibly prolonged before expanding the investigation	Odor detected before citation issued; stop still active so expansion was timely	Odor was detected after stop purpose completed, so further investigation unlawfully extended seizure	Court: stop not unlawfully prolonged; odor detected before citation issued, so expansion proper
Whether odor of marijuana/probable cause justified warrantless search of vehicle and containers	Marijuana odor provides probable cause; automobile exception permits search of vehicle and containers (including purse)	Purse was outside vehicle when searched, so automobile exception did not justify its search	Court: automobile exception applies; probable cause justified searching all containers that could conceal contraband, including the purse
Whether the court abused discretion by denying competency evaluations	Court observed Lang understood proceedings, could confer with counsel, and prior records did not show current incompetence	Lang’s mental health and courtroom distress impaired her ability to present a rational defense and assist counsel	Court: no abuse of discretion; record showed Lang understood proceedings and could assist counsel, so formal competency evaluations unnecessary
Whether trial counsel provided ineffective assistance (preservation, continuance, stipulation to evidence)	Counsel’s choices were reasonable trial strategy; issues preserved for appeal; stipulation and strategy were client-driven and understandable	Counsel should have taken interlocutory appeal, moved to continue instead of competency evaluations, and not stipulate to suppression-hearing evidence	Court: ineffective-assistance claims meritless; no deficient performance or prejudice shown given the record and Lang’s agreement to strategy

Key Cases Cited

Rodriguez v. United States, 575 U.S. 348 (U.S. 2015) (traffic-stop mission cannot be prolonged beyond tasks tied to the traffic infraction)
Wyoming v. Houghton, 526 U.S. 295 (U.S. 1999) (if probable cause justifies vehicle search, officers may search containers within)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance of counsel)
State v. Seckinger, 301 Neb. 963 (Neb. 2018) (odor of marijuana establishes probable cause to search vehicle)
State v. Barbeau, 301 Neb. 293 (Neb. 2018) (odor of marijuana provides reasonable suspicion to investigate controlled-substance activity)
State v. Hartzell, 304 Neb. 82 (Neb. 2019) (standard of review for motion to suppress—historical facts for clear error, legal questions de novo)
State v. Lee, 304 Neb. 252 (Neb. 2019) (competency-evaluation decision reviewed for abuse of discretion)
State v. Hessler, 274 Neb. 478 (Neb. 2007) (competency standards and when a formal hearing is required)
State v. Lassek, 272 Neb. 523 (Neb. 2006) (competency to stand trial is a factual determination within trial court’s discretion)
State v. Howard, 282 Neb. 352 (Neb. 2011) (bench-trial stipulations and treating suppression-hearing evidence as trial evidence)