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STATE v. HISEY

No. A-05-1138.

723 N.W.2d 99 (2006)

15 Neb. App. 100

STATE of Nebraska, Appellant, v. Richard HISEY, Appellee.

Court of Appeals of Nebraska.

October 17, 2006.

Attorney(s) appearing for the Case

Paul B. Schaub, Special Prosecuting Attorney, for appellant.

Bell Island, of Island, Huff & Nichols, P.C., L.L.O., Scottsbluff, for appellee.

INBODY, Chief Judge, and MOORE and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

Richard Hisey was convicted of operating a motor vehicle while under the influence of alcohol, and of possessing an open alcoholic beverage container while doing so, by the county court for Kimball County. Hisey appealed to the district court for Kimball County, which vacated the convictions and held that evidence obtained after police stopped Hisey should be suppressed. The State appeals. We conclude that because the arresting...

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