State v. Petsch, 914 N.W.2d 448

On Nov. 20, 2015, Officer Aksamit observed a white SUV with an expired/uncertain license plate, performed a U‑turn, activated lights and siren, and the SUV continued driving for ~45 seconds making left turns before stopping.
Aksamit approached with his service weapon drawn (pointed down); Petsch exited, complied, and the officer holstered the weapon within ≈30 seconds.
Petsch was handcuffed for officer‑safety reasons, placed in the patrol car, declined field sobriety testing and refusal to consent to a vehicle search.
Officers detected a strong odor of alcohol from Petsch; a later search of the SUV revealed alcoholic beverage containers; breath test at detox registered .286.
Petsch was charged with aggravated DUI and displaying fictitious plates; he moved to suppress all evidence obtained from the stop/arrest, claiming lack of reasonable suspicion/probable cause; motion denied, bench conviction following stipulation; appeals to district court and Nebraska Supreme Court affirmed.

Issue	Petsch's Argument	State's Argument	Held
Whether handcuffing constituted an arrest lacking probable cause	Handcuffing at gunpoint was an arrest but lacked probable cause	Handcuffing was a safety restraint and, objectively, Petsch’s flight supplied probable cause for arrest	Court: Handcuffing need not be justified subjectively; Petsch’s flight provided probable cause for arrest for fleeing in a vehicle
Whether officers had probable cause to arrest for DUI	No probable cause—lack of many typical DUI indicia (no erratic driving, no slurred speech, no bloodshot eyes); no field tests performed	Odor of alcohol, slowed/ confused responses, impaired gait, and refusal of sobriety testing—totality supports probable cause	Court: Under totality of circumstances, probable cause existed to arrest for DUI
Whether evidence obtained after stop should be suppressed	All observations, statements, and test results should be suppressed as fruits of unlawful seizure/arrest	Evidence admissible because stop arrest and search were supported by probable cause	Court: Motion to suppress properly denied; evidence admissible
Whether convictions (DUI and fictitious plates) should be overturned	Convictions rest on evidence obtained after unconstitutional stop/arrest	Convictions supported by probable cause and high breath alcohol (.286)	Court: Convictions affirmed

Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (officer’s subjective motivation is irrelevant if objective facts support probable cause)
State v. Botts, 299 Neb. 806 (Neb. 2018) (probable cause analysis and caution against excessive technical dissection)
State v. McClain, 285 Neb. 537 (Neb. 2013) (definition and totality‑of‑circumstances approach to probable cause)
State v. Rogers, 297 Neb. 265 (Neb. 2017) (procedural rule: appellate review considers evidence from suppression hearings and trial)