Constitutional Law: Search and Seizure: Motions to
Suppress: Appeal and Error. In reviewing a trial
court's ruling on a motion to suppress based on a claimed
violation of the Fourth Amendment, an appellate court applies
a two-part standard of review. Regarding historical facts, an
appellate court reviews the trial court's findings for
clear error, but whether those facts trigger or violate
Fourth Amendment protections is a question of law that an
appellate court reviews independently of the trial
Investigative Stops: Motor Vehicles: Probable
Cause. Traffic violations, no matter how minor,
create probable cause to stop the driver of a vehicle.
Constitutional Law: Search and Seizure: Motor
Vehicles. In determining whether the
government's intrusion into a motorist's Fourth
Amendment interests was reasonable, the question is not
whether the officer issued a citation for a traffic violation
or whether the State ultimately proved that violation.
Investigative Stops: Motor Vehicles: Police Officers
and Sheriffs: Probable Cause. An officer's stop
of a vehicle is objectively reasonable when the officer has
probable cause to believe that a traffic violation has
Probable Cause: Words and Phrases. Probable
cause is a flexible, commonsense standard that depends on the
totality of the circumstances.
Probable Cause: Police Officers and
Sheriffs. Probable cause is not defeated because an
officer incorrectly believes that a crime has been or is
being committed. But implicit in the probable cause standard
is the requirement that a law enforcement officer's
mistakes be reasonable.
Neb.App. 497] 7. Probable Cause: Appeal and
Error. An appellate court determines whether
probable cause existed under an objective standard of
reasonableness, given the known facts and circumstances.
from the District Court for Seward County: James C. Stecker,
William J. O'Brien for appellant.
Douglas J. Peterson, Attorney General, and Nathan A. Liss for
Chief Judge, and Pirtle, Judge, and McCormack, Retired
A. McCrickert appeals from his conviction for possession of
marijuana, more than 1 pound, a Class IV felony. He asserts
the evidence obtained during a traffic stop should have been
suppressed because there was no probable ...