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State v. Avey

Supreme Court of Nebraska

May 30, 2014

STATE OF NEBRASKA, APPELLEE,
v.
STEVEN D. AVEY, APPELLANT

Page 663

Appeal from the District Court for Lancaster County, JOHN A. COLBORN, Judge, on appeal thereto from the County Court for Lancaster County, LAURIE YARDLEY, Judge.

AFFIRMED.

Mark E. Rappl for appellant.

Jon Bruning, Attorney General, and Melissa R. Vincent for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 664

[288 Neb. 234] Miller-Lerman, J.

NATURE OF CASE

Steven D. Avey appeals the order of the district court for Lancaster County which affirmed his convictions in the county court for Lancaster County for driving under the influence (DUI), third offense, and for failure to yield the right-of-way. At issue in the county court and on appeal to the district court were the merits of Avey's motion to suppress in which he claimed to have been seized in violation of Fourth Amendment protections when, at a police officer's request, he returned to the scene of a motor vehicle accident. Both courts rejected Avey's claim, as do we. Accordingly, we affirm.

STATEMENT OF FACTS

Avey was involved in an accident on the evening of August 10, 2012. Avey pulled his vehicle out of a parallel parking space along 13th Street in Lincoln, Nebraska, and collided with a vehicle driven by Benjamin

Page 665

Howard. Avey got out of his vehicle and made contact with Howard. Avey gave Howard information, including his name, address, and telephone numbers, as well as his insurance information. Howard did not have his insurance information, to give to Avey. After Howard told Avey that he had called the police and that they were on their way, Avey told Howard ...


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