State v. Lowman
308 Neb. 482
Neb.2021Background
- Early morning encounter at a public carwash: Officer Murray observed a vehicle backed into a wash bay with no visible activity, approached after ~5 minutes, and spoke with Lowman as Lowman exited the vehicle.
- Officer observed a car stereo with exposed wires, a metal pipe between the driver’s seat and center console, and Lowman holding a torch-style lighter; Lowman appeared nervous and admitted prior marijuana use and that a machete was “tucked down” in the vehicle.
- Backup was summoned; officers found a black zippered waistband bag on Lowman containing a digital scale and two bags with an off‑white crystalline substance (later identified as methamphetamine). A vehicle search uncovered a machete, brass knuckles, and a broken glass meth pipe.
- Lowman was charged with possession of a controlled substance, two counts of carrying a concealed weapon (machete and brass knuckles), and possession of drug paraphernalia; earlier identical suppression motion was withdrawn after Lowman missed a hearing; a later motion to suppress was denied the day before trial.
- At trial Lowman was convicted of possession of methamphetamine and both concealed‑weapon counts (not guilty on drug paraphernalia); sentenced to 2 years’ probation and timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of initial contact and subsequent stop/search (motion to suppress) | State: encounter began as consensual; officer developed reasonable suspicion and probable cause from totality (loitering, pipe, lighter, behavior, admission of machete) and vehicle was subject to automobile exception | Lowman: approach/stop was unjustified; searches violated Fourth Amendment; Miranda violations | Court: initial approach was consensual (no seizure); detention became a Terry stop supported by reasonable suspicion; probable cause to search vehicle existed under automobile exception; suppression properly denied |
| Preservation/waiver of suppression objections to evidence from search of person | State: Lowman waived challenge by failing to make timely, specific objections at trial to items seized from his person | Lowman: relied on pretrial suppression motion and general renewals to preserve issue | Court: objections to foundation/authentication were insufficient; failure to renew suppression objection at receipt of those items waived appellate review |
| Sufficiency of evidence for carrying a concealed weapon (machete) | State: machete found in center console area, within convenient access and immediate reach of driver — meets "on or about the person" element | Lowman: machete was not concealed because handle was visible from outside passenger door | Court: viewing the evidence in the light most favorable to prosecution, machete was concealed on/about the person (accessible/in immediate reach); conviction affirmed |
| Ineffective assistance of trial counsel (late motion, inadequate briefing, failure to call witnesses) | State: record shows counsel’s actions were reasonable trial strategy; some claims lack required specificity; record refutes lateness claim | Lowman: counsel was ill‑prepared, filed suppression motion last minute, failed to call witnesses who would corroborate lawful purpose | Court: claims largely conclusory or insufficiently particularized; record refutes late/ill‑prepared allegation; declining to call two peripheral witnesses was reasonable strategy; no deficient performance shown on record |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes investigatory stop and reasonable‑suspicion standard)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part ineffective‑assistance test: deficiency and prejudice)
- State v. Stack, 307 Neb. 773 (2020) (rejected return to the "accused's rule" in sufficiency review)
- State v. Saitta, 306 Neb. 499 (2020) (discusses tiers of police‑citizen encounters and reasonable suspicion analysis)
- State v. Lang, 305 Neb. 726 (2020) (discusses automobile exception and standards for ineffective assistance claims on direct appeal)
- State v. Oliveira‑Coutinho, 304 Neb. 147 (2019) (reiterates strong presumption that counsel’s conduct is reasonable)
- State v. Hartzell, 304 Neb. 82 (2019) (seizure analysis: circumstances indicating a reasonable person would not feel free to leave)