State v. Rogers, 297 Neb. 265

On Aug. 5, 2015, Lincoln police investigated a vehicle near a residence linked to a person wanted on a federal indictment; two occupants were in that vehicle and a second vehicle (with three occupants) was parked in front of it.
A lead officer approached the second vehicle on foot; she saw the front-seat passenger reach under his seat and directed him to stop.
The officer recognized the driver as a known narcotics contact and suspected the front passenger of hiding a weapon or contraband; three additional officers arrived.
Occupants were ordered out of the car; the front passenger was arrested on a warrant. After Rogers (rear passenger) exited, the officer observed a purse on the rear floor with a small plastic bag visible.
Consent to search was denied; a drug dog was summoned, alerted on the driver’s side, and officers searched the vehicle and purse, finding a pipe and a bag with residue that tested positive for amphetamines; Rogers was arrested and charged.
Rogers moved to suppress; the district court denied the motion, she was convicted by a jury, and sentenced to 20 months to 5 years. She appealed the suppression ruling and the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ordering passengers out of the vehicle and detaining them was a seizure requiring reasonable suspicion	Rogers: The encounter became a seizure once the wanted person was ruled out and passengers were detained; no reasonable suspicion justified further detention	State: Officers’ show of authority, furtive movement by front passenger, driver’s known narcotics ties, and observation of a baggie gave rise to reasonable suspicion	Court: Ordering occupants out of car under surrounding circumstances was a tier-two seizure implicating Fourth Amendment; seizure was supported by reasonable suspicion
Whether evidence from the subsequent dog sniff and search should be suppressed	Rogers: Evidence was fruit of unlawful seizure and should be excluded	State: Even if encounter escalated, officers had reasonable suspicion and dog sniff/search occurred within reasonable time; dog alerted giving probable cause	Court: Dog sniff lawful; alert provided probable cause; evidence admissible
Whether the 20 months–5 years sentence was excessive	Rogers: Court failed to meaningfully consider statutory sentencing factors and did not explain why maximum should be reserved for worst offenders	State: Sentence within statutory limits and sentencing court considered appropriate factors	Court: Sentence within statutory limits; no abuse of discretion; court not required to make specific factual findings

State v. Milos, 294 Neb. 375 (2016) (two-part review of suppression rulings; tiers of police-citizen encounters)
State v. Tyler, 291 Neb. 920 (2015) (Fourth Amendment seizure analysis)
State v. Loding, 296 Neb. 670 (2017) (review of sentencing within statutory limits)
State v. Van Ackeren, 242 Neb. 479 (1993) (describing tiers of police-citizen encounters)
Delaware v. Prouse, 440 U.S. 648 (1979) (police stopping/searching motorists and requirement of justification)
State v. Hedgcock, 277 Neb. 805 (2009) (request to exit vehicle may be a seizure depending on totality of circumstances)
State v. Au, 285 Neb. 797 (2013) (definition of reasonable suspicion)
State v. Wells, 290 Neb. 186 (2015) (totality-of-circumstances test for reasonable suspicion)
State v. Voichahoske, 271 Neb. 64 (2006) (furtive movement under seat can contribute to reasonable suspicion)