855 N.W.2d 1
Neb.2014Background
- Piper, also known as Kerstin Clarkson, was charged with DUI, second offense, after a July 14, 2012 checkpoint stop in Scotts Bluff County.
- At suppression, the county court ruled Nebraska evidence rules did not apply to suppression hearings.
- Piper objected to introducing any checkpoint evidence, arguing constitutional invalidity of the stop.
- The district court affirmed Piper’s conviction and held the suppression rules did not apply and the checkpoint was constitutional.
- Piper timely appealed, and the supreme court transferred the case to its docket.
- Arguments focus on the applicability of Nebraska evidence rules at suppression hearings and the constitutionality of the checkpoint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do Nebraska evidence rules apply to suppression hearings? | Piper | Piper (state) | Rules do not apply to suppression hearings |
| Is the July 14, 2012 checkpoint constitutional? | Piper | State | Checkpoint constitutional; suppression evidence upheld |
Key Cases Cited
- State v. Pullens, 281 Neb. 828 (Neb. 2011) (rules of evidence do not usually apply at hearings to determine admissibility)
- State v. Crom, 222 Neb. 273 (Neb. 1986) (unfettered discretion standard for checkpoints)
- One 1987 Toyota Pickup, 233 Neb. 670 (Neb. 1989) (formulated = approved; plan compliance required)
- State v. Matit, 288 Neb. 163 (Neb. 2014) (two-part Fourth Amendment suppression standard)
- Edmond v. Delaware, 531 U.S. 32 (U.S. 2000) (checkpoints must have permissible programmatic purpose)