Published on Nebraska Judicial Branch (http://supremecourt.ne.gov)

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State v. Au

Date: 
Tuesday, March 5, 2013
Case Audio: 
dcr_20130305_12-0040.wav

S-12-0040, State v. Doan Q. Au (Appellant)

Douglas County, Judge Mark Ashford

Attorneys: William J. O’Brien (Appellant) --- Nathan Liss (Attorney General’s Office)

Criminal: Possession of a controlled substance with intent to distribute

Proceedings below: The trial court overruled Appellant’s motion to suppress. After a trial to the court, Appellant was found guilty. He was sentenced 10-12 years in prison.

Issues: The trial court erred in overruling Appellant’s motion to suppress evidence as (1) there was no constitutional basis to stop the vehicle and (2) the officer lacked reasonable suspicion to further detain Appellant after the initial purpose of the traffic stop was completed.