State v. Rogers
297 Neb. 265
| Neb. | 2017Background
- On Aug. 5, 2015, Lincoln police located a parked vehicle near a vehicle associated with a person wanted on a federal indictment; the parked car had three occupants, Rogers was the rear passenger.
- The lead officer approached a different vehicle to check for the wanted person; she observed the front-seat passenger reach under his seat and recognized the driver as a known narcotics contact.
- Three additional officers arrived; the front-seat passenger was later arrested on a warrant, and officers had the three occupants exit the vehicle.
- The lead officer observed a small plastic bag protruding from a purse on the back-seat floor, asked to search (consent denied), and called a drug-detection dog.
- The dog alerted on the driver’s side; a subsequent search produced a pipe and the baggie in Rogers’ purse; the pipe tested positive for amphetamine residue and Rogers was charged with possession.
- Rogers moved to suppress the stop/search and contested the sentence (20 months to 5 years); the district court denied suppression and convicted and sentenced her; the Nebraska Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the encounter was a seizure when passengers were ordered out of the car | Rogers: directing passengers out converted the encounter into a seizure requiring reasonable suspicion | State: initial encounter was tier-one and only escalated to tier-two when officers lawfully requested exit under totality of circumstances | Court: ordering occupants out was a seizure (tier-two) because a reasonable person would not feel free to stay; lawfulness depends on reasonable suspicion |
| Whether officers had reasonable suspicion to detain and sniff the vehicle | Rogers: officers only had a hunch based on driver’s associations, insufficient for reasonable suspicion | State: furtive movement under seat, driver’s known narcotics ties, nearby association with wanted vehicle, and observed baggie in purse supported reasonable suspicion | Court: combined facts supplied more than a hunch and provided reasonable suspicion to detain and deploy the dog; dog alert provided probable cause for search |
| Whether evidence from the dog search should be suppressed as fruit of illegal seizure | Rogers: suppression required because detention/search lacked reasonable suspicion | State: seizure and subsequent search were supported by reasonable suspicion and probable cause from the dog alert | Court: evidence admissible—detention supported by reasonable suspicion and dog alert supplied probable cause for search |
| Whether the sentence (20 months to 5 years) was excessive | Rogers: trial court failed to meaningfully consider mitigating factors and justify sentence | State: sentence within statutory range and sentencing court presumed to have considered required factors | Court: no abuse of discretion; sentence within statutory limits and court not required to make detailed on-the-record findings |
Key Cases Cited
- State v. Milos, 294 Neb. 375 (discussing tiered police-citizen encounters and standard for reviewing suppression rulings)
- State v. Hedgcock, 277 Neb. 805 (holding that circumstances can make an officer’s request to exit a vehicle a seizure)
- State v. Voichahoske, 271 Neb. 64 (noting furtive movements under a seat can contribute to reasonable suspicion)
- State v. Tyler, 291 Neb. 920 (framework for determining when detention and searches implicate Fourth Amendment)
- Delaware v. Prouse, 440 U.S. 648 (Supreme Court discussion of Fourth Amendment limits on vehicle stops and seizures)