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State v. Khalil

Court of Appeals of Nebraska

January 16, 2018

State of Nebraska, appellee,
v.
Ali E. Khalil, appellant.

         1. 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 or the safeguards established by the U.S. Supreme Court in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), 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 or Fifth Amendment protections is a question of law that an appellate court reviews independently of the trial court's determination.

         2. Investigative Stops: Motor Vehicles: Probable Cause. A traffic violation, no matter how minor, creates probable cause to stop the driver of a vehicle.

         3. Investigative Stops: Motor Vehicles: Police Officers and Sheriffs. Once a vehicle is lawfully stopped, a law enforcement officer may conduct an investigation reasonably related in scope to the circumstances that justified the traffic stop. This investigation may include asking the driver for an operator's license and registration, requesting that the driver sit in the patrol car, and asking the driver about the purpose and destination of his or her travel. Also, the officer may run a computer check to determine whether the vehicle involved in the stop has been stolen and whether there are any outstanding warrants for any of its occupants.

         4. __:__:__. An officer's inquiries into matters unrelated to the justification for the traffic stop do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop.

         [25 Neb.App. 450] 5. Investigative Stops: Motor Vehicles: Police Officers and Sheriffs: Probable Cause. To expand the scope of a traffic stop and continue to detain the motorist, an officer must have a reasonable, articulable suspicion that a person in the vehicle is involved in criminal activity beyond that which initially justified the interference.

         6. Probable Cause: Words and Phrases. Reasonable suspicion entails some minimal level of objective justification for detention, something more than an inchoate and unparticularized hunch, but less than the level of suspicion required for probable cause.

         7. Police Officers and Sheriffs: Probable Cause. Whether a police officer has a reasonable suspicion based on sufficient articulable facts depends on the totality of the circumstances.

         8. Probable Cause. Reasonable suspicion exists on a case-by-case basis.

         9.__. Factors that would independently be consistent with innocent activities may nonetheless amount to reasonable suspicion when considered collectively.

         10. Investigative Stops: Motor Vehicles: Police Officers and Sheriffs: Probable Cause. An officer's suspicion of criminal activity may reasonably grow over the course of a traffic stop as the circumstances unfold and more suspicious facts are uncovered.

         11. Investigative Stops: Motor Vehicles: Probable Cause. In determining whether a continued detention of a defendant following a stop for a traffic violation is reasonable, a court considers both the length of the continued detention and the investigative methods employed.

         12. Miranda Rights. The safeguards provided by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), come into play whenever a person in custody is subjected to either express questioning or its functional equivalent.

         13.__ . Miranda warnings are required only when there has been such a restriction on one's freedom as to render one in custody. 14. Miranda Rights: Arrests: Words and Phrases. A person is in custody for purposes of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), when there is a formal arrest or a restraint on his or her freedom of movement to the degree associated with such an arrest.

         15. Miranda Rights: Investigative Stops: Motor Vehicles. Persons temporarily detained pursuant to an investigatory traffic stop are not in custody for purposes of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

         16. Miranda Rights: Police Officers and Sheriffs: Investigative Stops: Motor Vehicles. When a person is detained pursuant to a traffic stop, there must be some further action or treatment by the police to render the driver in custody and entitled to Miranda warnings.

          [25 Neb.App. 451] 17. Miranda Rights: Self-Incrimination: Right to Counsel. The Miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent, and the safeguards include advisements of the right to remain silent and the right to have an attorney present at questioning.

         18.__:__:__. Under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), if the suspect in custody indicates that he or she wishes to remain silent or that he or she wants an attorney, the interrogation must cease.

         19. Miranda Rights: Right to Counsel. In order to require cessation of custodial interrogation, the subject's invocation of the right to counsel must be unambiguous and unequivocal.

         Appeal from the District Court for Lancaster County: Andrew R. Jacobsen, Judge. Affirmed.

          Steven B. Muslin, of Muslin & Sandberg, and Thomas J. Olsen, of Olsen ...


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