A-22-0855, State v. Hoehn (Appellant)
Scotts Bluff County, District Court Judge Andrea Miller
Attorney for Appellant: Bell Island (Island Law Office, PC, LLO)
Attorney for Appellee: Michael T. Hilgers (Attorney General) and Austin Relph
Criminal Action: Driving Under The Influence
Action Taken by Trial Court: Following a suppression hearing, the county court denied the appellant’s motion to suppress based upon an alleged unlawful stop and arrest. Following a stipulated bench trial in county court, the appellant was convicted and sentenced to probation. The appellant appealed to the district court which affirmed the conviction and sentence and found that the county court properly overruled the motion to suppress.
Assignments of Error on Appeal: The appellant contends that the district court erred in finding that the county court properly overruled his motion to suppress because the district court improperly determined that (1) the officer could leave his jurisdiction without probable cause pursuant to Neb. Rev. Stat. § 29-215(3)(c); (2) erratic driving raised to the level of probable cause to stop his vehicle; (3) the radio dispatch was from a citizen informant when it was an uncorroborated anonymous call; and (4) erratic driving and a can being thrown from the driver was probable cause to believe a person was driving under the influence.