State v. Sanchez
33 Neb. Ct. App. 495
Neb. Ct. App.2025Background
- Tina M. Sanchez was convicted of possession of methamphetamine with intent to distribute, failure to affix a drug tax stamp, possession of drug paraphernalia, and possession of an open container, after a bench trial in Scotts Bluff County, Nebraska.
- The convictions followed a traffic stop initiated when law enforcement observed her vehicle exit a gas station parking lot onto a public roadway without using a turn signal.
- During the stop, a drug detection dog alerted to the vehicle; subsequent search uncovered methamphetamine and paraphernalia in Sanchez's purse.
- Sanchez moved to suppress the evidence, contending the stop was unlawful because Nebraska law did not require signaling when turning onto a roadway from private property.
- The district court denied the motion, finding the failure to use a turn signal before entering a roadway from a private lot was a traffic violation under Neb. Rev. Stat. § 60-6,161, providing probable cause for the stop.
- Sanchez appealed her convictions, arguing primarily that the stop was not legally justified and was pretextual.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of turn signal requirement | No requirement to signal from private lot to roadway | Any turn onto roadway requires signal | Turn signal required onto roadway from lot |
| Probable cause for traffic stop | No traffic violation, so stop illegal | Officer had probable cause | Officer had probable cause |
| Pretextual nature of stop | Stop was a pretext for a drug investigation | Motivation irrelevant if violation | Motivation irrelevant if traffic violation |
| Admissibility of evidence from stop | Evidence should be suppressed as fruit of illegal stop | Stop was justified, evidence admissible | Evidence admissible—no illegality |
Key Cases Cited
- State v. Jasa, 297 Neb. 822 (affirming that any traffic violation creates probable cause to stop a vehicle)
- State v. Thalken, 299 Neb. 857 (probable cause for a stop is analyzed objectively; officer’s motive is irrelevant)
- State v. Nolan, 283 Neb. 50 (ulterior motives for a stop are irrelevant if a traffic violation occurred)
- State v. Shiffermiller, 302 Neb. 245 (two-part standard for reviewing suppression motions: clear error for facts, de novo for legal conclusions)
- State v. Seckinger, 301 Neb. 963 (probable cause evaluated by totality of circumstances)