 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Sebo5/7/2002
(not designated for permanent publication)
I. INTRODUCTION
Frans Peter Sebo appeals from his conviction on a charge of possession of a controlled substance, methamphetamine. On appeal, Sebo challenges the court's rulings on motions to suppress statements and physical evidence. Because we find no merit to Sebo's assertions on appeal, we affirm.
II. BACKGROUND
On December 12, 2000, Officer Michael Tumbleson of the Nebraska State Patrol was advised to be on the lookout for a semi-trailer truck (semi) on Interstate 80 which was allegedly driving in an erratic manner. Officer Tumbleson observed the semi traveling eastbound on I-80 and driving down the middle of the two lanes of eastbound traffic approximately 25 to 40 miles per hour, with traffic backed up behind it for approximately three-quarters of a mile in both lanes. Officer Tumbleson activated the lights on his cruiser and pulled the semi over.
Officer Tumbleson testified that the initial stop of the semi occurred at approximately 5 p.m. on December 12, 2000. According to Officer Tumbleson, the purpose of the stop was to investigate the driver's erratic driving patterns. According to Officer Tumbleson, the temperature was in the low teens, there was a very cold wind chill, and the road surface was clear. Officer Tumbleson testified that he contacted the driver of the semi, Sebo, and that Sebo was "very slow in his motion." Officer Tumbleson had Sebo exit the vehicle and inquired why Sebo was driving so erratically, to which Sebo responded that "the road was icy." Officer Tumbleson testified that Sebo did not respond when Officer Tumbleson had Sebo look at the ground to see that there was "no ice within sight."
Officer Tumbleson testified that Sebo's semi did not have an operational heater, that there was frost on the inside of the windows, and that despite the weather and the lack of operational heat, Sebo was not wearing any winter coat in the semi. According to Officer Tumbleson, Sebo's eyes were bloodshot, his nose was running profusely, his speech was slow, he was lethargic, and he provided "very slow and deliberate" responses to questions and normal conversation.
According to Officer Tumbleson, " here were times when [Sebo] would lose track of the initial question asked and make statements that were totally unconcerned with what the question was." Additionally, while Officer Tumbleson was inspecting Sebo's commercial vehicle paperwork, "Mr. Sebo almost fell asleep."
Officer Tumbleson testified that he was " bsolutely" concerned about Sebo's ability to drive, and he suspected "something" like alcohol or drugs were involved. Officer Tumbleson could not smell alcohol, however. After the inspection of Sebo's commercial vehicle paperwork, Officer Tumbleson requested permission to search the vehicle because "his point of origin and not knowing where he had been at certain times, his log book wouldn't reflect what he had been telling [the officer]." Although Sebo initially consented to a search, he then rescinded the consent.
Officer Tumbleson called in a request for a canine unit and a drug recognition expert (DRE) officer. Officer Tumbleson testified that he had a strong suspicion that there were "stimulants or depressants" involved, but that he was not qualified to make a certified assessment as to whether Sebo was under the influence. Because Officer Tumbleson had no indication that alcohol was involved, he requested a DRE officer to come and assist.
The DRE officer arrived at approximately 5:40 p.m. Sebo had been placed into a cruiser with another officer, Officer Daryll Juber. After the DRE officer arrived, he spent approxi
Page 1 2 3 4 5 6 Nebraska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|