Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 05/26/2020 09:07 AM CDT - 447 - Nebraska Court of Appeals Advance Sheets 28 Nebraska Appellate Reports STATE v. YANG Cite as 28 Neb. App. 447 State of Nebraska, appellee, v. Ker L. Yang, appellant. ___ N.W.2d ___ Filed May 26, 2020. No. A-19-672. 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, an appellate court applies a two-part standard of review. Regarding histori- cal facts, an appellate court reviews the trial court’s findings for clear error. But whether those facts trigger or violate Fourth Amendment protections is a question of law that an appellate court reviews indepen- dently of the trial court’s determination. 2. Motions to Suppress: Trial: Pretrial Procedure: Appeal and Error. When a motion to suppress is denied pretrial and again during trial on renewed objection, an appellate court considers all the evidence, both from the trial and from the hearings on the motion to suppress. 3. Trial: Investigative Stops: Warrantless Searches: Appeal and Error. The ultimate determinations of reasonable suspicion to conduct an investigatory stop and probable cause to perform a warrantless search are reviewed de novo, and findings of fact are reviewed for clear error, giving due weight to the inferences drawn from those facts by the trial judge. 4. Sentences: Appeal and Error. An appellate court will not disturb a sen- tence imposed within the statutory limits absent an abuse of discretion by the trial court. 5. Constitutional Law: Search and Seizure. Both the Fourth Amendment to the U.S. Constitution and article I, § 7, of the Nebraska Constitution guarantee against unreasonable searches and seizures. 6. Constitutional Law: Search and Seizure: Investigative Stops: Motor Vehicles. A traffic stop is a seizure for Fourth Amendment purposes, and therefore is accorded Fourth Amendment protections. - 448 - Nebraska Court of Appeals Advance Sheets 28 Nebraska Appellate Reports STATE v. YANG Cite as 28 Neb. App. 447 7. Investigative Stops: Motor Vehicles: Police Officers and Sheriffs: Probable Cause. A traffic violation, no matter how minor, creates prob- able cause to stop a driver of a vehicle. 8. Investigative Stops: Motor Vehicles: Time. A lawful traffic stop can become unlawful if it is prolonged beyond the time reasonably required to complete the mission of the stop, such as issuing a warning ticket. 9. ____: ____: ____. When the mission of an investigative stop is address- ing a suspected traffic violation, the stop may last no longer than is nec- essary to effectuate that purpose and authority for the seizure thus ends when tasks tied to the traffic infraction are, or reasonably should have been, completed. 10. Investigative Stops: Motor Vehicles: Police Officers and Sheriffs. Beyond just determining whether to issue a traffic citation or warning, an officer’s mission in a traffic stop includes ordinary inquiries incident to the traffic stop, such as checking the driver’s license, determining whether there ...
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