State v. Rivera, 297 Neb. 709

At ~10:35 p.m., two Nebraska Game and Parks conservation officers encountered two groups of people on a dark paved road at Branched Oak Lake; officers parked a marked patrol vehicle and exited to investigate.
While one officer was in the patrol vehicle calling dispatch, Jonathan Rivera drove up, pulled onto the grassy shoulder, and attempted to pass the parked patrol vehicle on the right; the officer walked around the front of the patrol vehicle toward Rivera’s vehicle in uniform (no gun drawn, no lights or siren activated).
Rivera stopped his vehicle as its front was even with the patrol vehicle; the officer asked Rivera to wait a few minutes and observed bloodshot, watery eyes and slurred speech; Rivera admitted to drinking.
The officer then detained Rivera for a DUI investigation, which led to arrest and conviction in county court; Rivera moved to suppress evidence obtained from the stop and detention.
County court, district court, and a split Court of Appeals affirmed denial of suppression—county court applied the community caretaking exception; the Nebraska Supreme Court granted review to address that application.
The Nebraska Supreme Court concluded no Fourth Amendment seizure occurred at the outset (Riverea voluntarily stopped), so it was unnecessary to invoke the community caretaking exception; the subsequent escalation to a detention was supported by reasonable suspicion.

Issue	Plaintiff's Argument (Rivera)	Defendant's Argument (State)	Held
Whether the initial police-citizen encounter constituted a Fourth Amendment seizure	Rivera: The officer’s approach and conduct caused a seizure, so community caretaking exception must be narrowly applied and does not justify the stop	State: The officer’s approach did not amount to a seizure; even if community caretaking applied, the officer was performing that function	Held: No seizure occurred at the start—Rivera voluntarily stopped—so Fourth Amendment protections were not yet triggered; community caretaking need not be applied
Whether subsequent detention and arrest were lawful	Rivera: Evidence should be suppressed because initial encounter was unlawful and tainted later detention	State: Officer observed signs of intoxication after voluntary stop, creating reasonable suspicion and justifying escalation to detention and arrest	Held: Officer’s observations (bloodshot/watery eyes, slurred speech, admission of drinking) provided reasonable suspicion; detention and arrest were lawful

State v. Bakewell, 273 Neb. 372, 730 N.W.2d 335 (2007) (community caretaking exception must be narrowly and carefully applied)
State v. Rogers, 297 Neb. 265, 899 N.W.2d 626 (2017) (framework distinguishing first-tier encounters from detentions and arrests)
State v. Hedgcock, 277 Neb. 805, 765 N.W.2d 469 (2009) (officer may make a seizure by show of authority; submission required for seizure)
State v. Avey, 288 Neb. 233, 846 N.W.2d 662 (2014) (seizure requires either physical force or submission to show of authority)