State v. Lowman, 954 N.W.2d 905

Early morning (Apr. 8, 2019) officer observed Lowman sitting in a vehicle backed into a carwash bay where loitering was prohibited; officer watched for ~5 minutes then approached on foot.
Officer saw a stereo with exposed wires and a metal pipe between the driver’s seat and center console; Lowman held a torch lighter, appeared fidgety, admitted marijuana use, and volunteered that a machete was tucked by the center console.
Officer requested backup, detained Lowman, and searched him and the vehicle; on Lowman’s person was a black zippered bag containing a digital scale, baggies, and two bags with an off-white crystalline substance; vehicle search uncovered a machete, brass knuckles, and a broken glass meth pipe.
State charged Lowman with possession of methamphetamine, two counts of carrying a concealed weapon (machete, brass knuckles), and possession of drug paraphernalia; Lowman moved to suppress evidence; court denied suppression; jury convicted on possession and both weapon counts; probation imposed.
Lowman appealed, arguing (1) erroneous denial of motion to suppress, (2) insufficient evidence as to the machete being a concealed weapon, and (3) ineffective assistance of trial counsel (last-minute/ill-prepared motion and failure to call witnesses).

Issue	Lowman’s Argument	State’s Argument	Held
Admissibility of evidence (stop/search)	Stop/search violated 4th Amendment; no reasonable suspicion/probable cause; Miranda violation	Initial contact was consensual; detention was a Terry stop supported by reasonable suspicion; probable cause and automobile exception justified vehicle search; no post-arrest interrogation	Court: initial approach consensual; detention supported by reasonable suspicion; probable cause and automobile exception supported search; suppression denied; evidence from person largely waived for appeal due to lack of timely objection at trial
Sufficiency — concealed-weapon (machete)	Machete not concealed (handle visible from outside)	Machete was tucked by center console, within immediate reach and convenient of access to driver — fits concealed-on-person definition	Court: viewing evidence in State’s favor, machete was accessible/concealed on or about person; conviction upheld
Ineffective assistance of counsel	Counsel was ill-prepared, filed last-minute suppression motion, failed to brief, and refused to call witnesses who would corroborate lawful purpose for being at carwash	Record shows earlier motion filing; defendant failed to specify what law or evidence counsel omitted; not calling witnesses was reasonable trial strategy and irrelevant given possession evidence	Court: claims lacked specificity or were refuted by record; no deficient performance or prejudice shown; IAC claims denied

Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (defines investigatory stop / reasonable suspicion framework)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance of counsel)
State v. Stack, 307 Neb. 773, 950 N.W.2d 611 (Neb. 2020) (rejects accused’s rule; governs sufficiency review)
State v. Saitta, 306 Neb. 499, 945 N.W.2d 888 (Neb. 2020) (discusses tiers of police-citizen encounters and reasonable-suspicion analysis)
State v. Lang, 305 Neb. 726, 942 N.W.2d 388 (Neb. 2020) (procedures for preservation of suppression/ineffective assistance claims)