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852 N.W.2d 705
Neb.
2014
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Background

  • Rodriguez was convicted of DUI with a BAC over .15, third offense, in Scotts Bluff County after a traffic stop
  • Officer Kleensang stopped Rodriguez based on a dispatch report of a disturbance and a vehicle description
  • During the stop, observations included odor of alcohol, flushed appearance, slurred speech, and bloodshot eyes; Rodriguez submitted to breath tests
  • Evidence later revealed two baggies of substances found in Rodriguez's wallet; one substance was cocaine; the other not a controlled substance
  • Rodriguez moved to suppress evidence from the stop, arguing the anonymous tip lacked corroboration; the district court denied the motion
  • Court of Appeals affirmed; the Supreme Court granted further review to address suppression and related issues

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the traffic stop justified by reasonable suspicion? Rodriguez State Stop not justified; suppression reversed
Did State's misconduct regarding the methamphetamine charge require mistrial or affect the outcome? Rodriguez State Disapproved but remand renders point unnecessary to decide

Key Cases Cited

  • Navarette v. California, 134 S. Ct. 1683 (2014) (anonymous tips can justify stops based on totality of circumstances; ongoing crime consideration)
  • Florida v. J. L., 529 U.S. 266 (2000) (anonymous tip lacking reliability not enough for reasonable suspicion)
  • Alabama v. White, 496 U.S. 325 (1990) (predictive information from tip supports reasonable suspicion when reliable)
  • Bowley, 232 Neb. 771 (1989) (informant reliability and identification affect reasonableness of stop)
  • State v. Wollam, 280 Neb. 43 (2010) (framework for evaluating investigatory stops and reasonable suspicion)
  • State v. Dalland, 287 Neb. 231 (2014) (Fourth Amendment analyses in Nebraska context; reliability and suspicion standards)
  • State v. Schuller, 287 Neb. 500 (2014) (standard of review for suppression rulings)
  • State v. Pangborn, 286 Neb. 363 (2013) (non-final procedural rulings and review limitations)
Read the full case

Case Details

Case Name: State v. Rodriguez
Court Name: Nebraska Supreme Court
Date Published: Aug 29, 2014
Citations: 852 N.W.2d 705; 288 Neb. 878; S-13-062
Docket Number: S-13-062
Court Abbreviation: Neb.
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