State v. Rivera, 297 Neb. 709

At ~10:35 p.m. two conservation officers encountered two groups of people near a paved road in a dark recreation area; officers parked on the right shoulder and exited to investigate.
While one officer investigated the groups, the other sat in the marked patrol vehicle and observed Rivera approach in his truck and attempt to pass on the shoulder behind the patrol vehicle.
The officer exited, walked around the front of the patrol pickup toward Rivera’s truck, wearing uniform and badge but without activating lights, siren, horn, drawing a weapon, or physically blocking the truck.
Rivera stopped his vehicle while the officer approached; the officer asked Rivera to wait a few minutes and observed bloodshot, watery eyes and slurred speech, asked about alcohol use, and then detained Rivera for DUI investigation that led to arrest.
Rivera moved to suppress evidence, arguing the stop was an unlawful seizure and that the community caretaking exception was improperly applied; county court, district court, and a split Court of Appeals affirmed denial of suppression.
The Nebraska Supreme Court granted further review to decide whether a seizure occurred and whether the community caretaking exception was applicable.

Issue	Rivera's Argument	State's Argument	Held
Whether the initial police-citizen encounter was a Fourth Amendment seizure and whether application of the community caretaking exception justified the contact/detention.	Rivera: Court of Appeals improperly expanded the community caretaking exception; the encounter amounted to a seizure so evidence should be suppressed.	State: Officer’s approach did not amount to a seizure (Rivera voluntarily stopped); the encounter began as a consensual first-tier encounter that escalated to reasonable suspicion, so detention was lawful; community caretaking was unnecessary.	The Court held no seizure occurred at the encounter’s commencement (Rivera voluntarily stopped); the interaction escalated to investigative detention based on observed impairment; community caretaking was unnecessary though lower courts reached the correct result.

State v. Rogers, 297 Neb. 265, 899 N.W.2d 626 (discusses tiers of police-citizen encounters and reasonable suspicion)
State v. Bakewell, 273 Neb. 372, 730 N.W.2d 335 (community caretaking exception to Fourth Amendment should be narrowly applied)
State v. Hedgcock, 277 Neb. 805, 765 N.W.2d 469 (seizure may be by show of authority but requires submission)
State v. Draganescu, 276 Neb. 448, 755 N.W.2d 57 (officer’s subjective intent is irrelevant to seizure analysis)
State v. Avey, 288 Neb. 233, 846 N.W.2d 662 (Fourth Amendment seizure analysis)
State v. Lee, 290 Neb. 601, 861 N.W.2d 393 (appellate review does not reweigh witness credibility)
State v. Kolbjornsen, 295 Neb. 231, 888 N.W.2d 153 (correct result will not be set aside solely for wrong reasoning)