State v. Rogers
297 Neb. 265
| Neb. | 2017Background
- On Aug. 5, 2015, Lincoln police located a vehicle near a residence linked to a person wanted on a federal indictment; the vehicle had three occupants (driver, front-seat passenger, back-seat passenger — later identified as Rogers).
- The lead officer approached a different nearby vehicle (with engine running) to ensure the wanted person was not about to leave; she observed the front-seat passenger reach under his seat and ordered him to stop.
- Three additional officers arrived; the driver was known to the officer from narcotics investigations and the front-seat passenger was later arrested on a warrant.
- After Rogers exited the vehicle, the officer saw a purse on the rear floor with a small plastic bag protruding; the officer requested consent to search (denied) and summoned a drug-detection dog.
- The dog alerted on the driver’s side; officers searched the vehicle and purse, found a pipe and baggie residue; the pipe tested positive for amphetamines and Rogers was arrested and charged with possession.
- Rogers’ pretrial motion to suppress was denied; she was convicted by a jury and sentenced to 20 months to 5 years. She appealed the suppression ruling and the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the encounter became a seizure when passengers were ordered out of the car | Rogers: ordering passengers out converted the encounter into a seizure that lacked reasonable suspicion | State: initial encounter was tier-one, escalation to order-out was supported by circumstances and justified investigation | Court: ordering passengers out was a tier-two seizure (reasonable person would not feel free to stay); lawful only with reasonable suspicion, which existed |
| Whether officers had reasonable suspicion to detain and investigate for drugs after wanted person not found | Rogers: officers only had a hunch based on driver’s associations; no specific facts justified detention | State: furtive movement under seat, driver’s narcotics contacts, intelligence from assisting officers, and visible baggie in purse gave objective basis | Court: totality of circumstances gave reasonable suspicion to detain and to conduct dog sniff; subsequent dog alert provided probable cause for search |
| Admissibility of evidence found in purse and vehicle (fruit of search/seizure) | Rogers: evidence was product of unlawful seizure and should be suppressed | State: seizure and subsequent search were lawful; dog sniff and alert occurred within reasonable time and supported search | Court: evidence admissible; motion to suppress properly overruled |
| Whether sentence (20 months–5 years) was excessive | Rogers: trial court failed to meaningfully consider mitigating factors or explain factual basis | State: sentence within statutory limits and properly imposed | Court: sentence within statutory limits and not an abuse of discretion; no requirement for detailed findings |
Key Cases Cited
- State v. Milos, 294 Neb. 375 (Neb. 2016) (describing three tiers of police-citizen encounters and seizure analysis)
- State v. Hedgcock, 277 Neb. 805 (Neb. 2009) (request to exit vehicle may be a seizure depending on totality of circumstances)
- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979) (Fourth Amendment principles governing vehicle stops and seizures)
- State v. Voichahoske, 271 Neb. 64 (Neb. 2006) (furtive movement under seat can contribute to reasonable suspicion)
- State v. Loding, 296 Neb. 670 (Neb. 2017) (review of suppressions and standards for appellate review)