919 N.W.2d 163
Neb. Ct. App.2018Background
- At ~4:30 a.m., officers responded to a report of a fight; they located Steven Shiffermiller walking toward his parked car with a torn shirt and blood on his hands and face and matching the caller's description.
- Officers observed signs of intoxication/impairment (sweating, watery/bloodshot eyes, dilated pupils, swaying) and Shiffermiller was agitated, uncooperative, and said he wanted to leave.
- Officers detained him, handcuffed him while investigating the reported altercation, and searched the area for other persons; no other party was found.
- For safety/public-protection reasons, officers planned to transport him to a safe location; during a pat-down for weapons an officer felt and removed brass knuckles, triggering an arrest.
- After arrest, a flashlight taken from Shiffermiller was opened (it rattled and seemed unusually light) and contained pills and marijuana; lab testing identified controlled substances.
- Shiffermiller moved to suppress; the district court denied the motion; following a stipulated bench trial he was convicted on three possession counts and one count of possession of a deadly weapon by a prohibited person. The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Shiffermiller) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the stop/detention exceeded permissible Terry scope and became a de facto arrest | Detention was lengthy, heavy police presence, and restraints (handcuffs) converted stop into custodial arrest | Initial detention and continued restraint were reasonable given fight report, injuries, impairment, and need to protect public and subject | Court held initial and continued detention reasonable; did not convert to unlawful arrest (community caretaking exception applied) |
| Applicability of the community caretaking exception to continued detention | No exigency or caretaking justification to further detain after assault investigation ended | Officers reasonably detained to secure a safe transport destination because subject appeared impaired and might drive or be unable to care for himself | Court applied community caretaking exception and found continued detention reasonable |
| Lawfulness of pat-down search for weapons | Officers lacked reasonable suspicion that he was armed and dangerous, so pat-down was unlawful | Pat-down was a reasonable, limited search for officer safety given fight, blood, agitation, and impairment | Court held pat-down reasonable; officer felt and recognized brass knuckles during lawful protective frisk |
| Lawfulness of opening flashlight and seizing drugs inside | Interior of flashlight was searched without warrant and not justified; evidence should be suppressed | Search of flashlight was proper as search-incident-to-arrest (and consistent with Robinson/Riley reasoning given tactile/observational indicia) | Court held opening flashlight reasonable as search incident to arrest and under Robinson/Riley rationale; evidence admissible |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes standards for investigative stops and protective frisks)
- Cady v. Dombrowski, 413 U.S. 433 (1973) (community caretaking doctrine for noninvestigatory police functions)
- United States v. Robinson, 414 U.S. 218 (1973) (permits search-incident-to-arrest and inspection of items found on person)
- Riley v. California, 573 U.S. 373 (2014) (discusses risks and limits of searches incident to arrest; permits reasonable protective inspection in custody context)
- State v. Wells, 290 Neb. 186 (2015) (Nebraska factors for when handcuffing/detention remains reasonable during investigatory stop)
- State v. Bakewell, 273 Neb. 372 (2007) (adopts and limits community caretaking exception under Nebraska law)
- State v. Van Ackeren, 242 Neb. 479 (1993) (describes three tiers of police-citizen encounters)
- State v. Woldt, 293 Neb. 265 (2016) (standard of review for reasonable suspicion and probable cause)
- United States v. Jones, 759 F.2d 633 (8th Cir. 1985) (factors for assessing reasonableness of force during Terry stops)