State v. Carlson

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State v. Carlson

Case Number
A-22-0774
Court Number
Sarpy
Call Date
September 15, 2023
Case Time
9:30 AM
Case Summary

A-22-0774, State of Nebraska v. David Carlson (Appellant)

Sarpy County District Court, Judge George Thompson, on appeal from the County Court of Sarpy County, Judge Todd J. Hutton

Attorney for Appellant: Cole S. Burmeister (Sarpy County Public Defender’s Office)

Attorney for Appellee: Nathan A. Liss (Nebraska Attorney General’s Office)

Criminal Action: DUI, Motion to Suppress, Authentication of Evidence, Sufficiency of Evidence

Action Taken by Trial Court: The county court overruled Appellant’s motion to suppress, allowed Exhibits 2, 3, 4, and 5 into evidence over Appellant’s objections, and found Appellant guilty of DUI following a bench trial. Appellant appealed to the district court, which affirmed.

Assignments of Error on Appeal: Appellant assigns that the county court erred in overruling his motion to suppress evidence, erred in accepting Exhibits 2, 3, 4, and 5 into evidence, and that the evidence was insufficient to support his conviction.

Extended Case Summary

A-22-0774, State of Nebraska v. David Carlson (Appellant)

Sarpy County District Court, Judge George Thompson, on appeal from the County Court of Sarpy County, Judge Todd J. Hutton

Attorney for Appellant: Cole S. Burmeister (Sarpy County Public Defender’s Office)

Attorney for Appellee: Nathan A. Liss (Nebraska Attorney General’s Office)

Criminal Action: DUI, Motion to Suppress, Authentication of Evidence, Sufficiency of Evidence

Action Taken by Trial Court: Officers of the Bellevue Police Department responded to an anonymous call that reported a white male who appeared intoxicated walking around a local grocery store. The caller reported the man exited the store and was sitting in a white Hyundai Elantra, which was parked in a handicap spot in the store’s parking lot. When the first officer arrived at the scene, he found a vehicle in a handicap spot that matched the caller’s description, as well as a white male sitting inside the vehicle, who later identified as Carlson. The keys to the vehicle were located on the ground outside the vehicle. Carlson was questioned and detained after refusing to complete any field sobriety tests. At the police station, officers prepared the “Infrared Absorption Checklist Technique,” while measuring Carlson’s blood-alcohol content (BAC) with the DataMaster. Carlson’s BAC was 0.112. Carlson was ultimately charged with driving under the influence.

After his arrest, Carlson filed a motion to suppress, in which he argued the police officer who first arrived on the scene did not have a reasonable suspicion to detain him. The county court overruled his motion.

During the bench trial, the county court received into evidence various exhibits, including DataMaster maintenance records, the administrating officer’s permit to operate the breathalyzer, the infrared absorption technique checklist for analyzing breath specimens, and BAC results of Carlson’s test. The county court found Carlson guilty of driving under the influence.

Carlson appealed his conviction to the district court, which affirmed the county court’s judgment.

Assignments of Error on Appeal: Carlson assigns the county court erred in (1) overruling his motion to suppress and (2) accepting the DataMaster maintenance records, the administrating officer’s permit to operate the breathalyzer, the infrared absorption technique checklist for analyzing breath specimens, and the BAC results of Carlson’s test into evidence. He also claims there was insufficient evidence to support his conviction.

Case Location
University of Nebraska Omaha
Court Type
District Court
Schedule Code
A1
Panel Text
Pirtle, Chief Judge, Moore and Riedmann, Judges