State v. Rodgers, 237 Neb. 506, 466 N.W.2d 537 (1991). See State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289 (1990).State v. Rodgers, supra note 6.
However, an investigative stop of a vehicle is justified where a law enforcement officer has a reasonable suspicion founded upon articulable facts which indicate that a crime has been committed or is being committed by occupants of a vehicle. State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289, 292-93 (1990). A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in the light of the facts known to the officer at the time.
See, State v. Ellington, supra; State v. Hicks, 241 Neb. 357, 488 N.W.2d 359 (1992), cert. denied 507 U.S. 1000, 113 S. Ct. 1625, 123 L. Ed. 2d 183 (1993). In State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289 (1990), we held that there was a sufficiently reasonable suspicion for a stop based on an observation that the vehicle approaching a checkpoint pulled over onto the shoulder and the driver and the passenger then proceeded to switch places. We have, however, not addressed the validity of a stop where the driver stopped her vehicle one-fourth of a block from a sobriety checkpoint and then backed away from the checkpoint.
Green v. State, 530 So.2d 480 (Fla.Dist.Ct.App. 1988), rev. denied, 539 So.2d 475 (Fla. 1989) (holding that even though roadblock was illegal, motorist's detention for failing to stop his vehicle when directed to do so was valid); City of Las Cruces v. Betancourt, 105 N.M. 655, 735 P.2d 1161 (App. 1987) (holding that regardless of the constitutionality of the roadblock, officers possessed sufficient articulable facts to seize the driver when the driver proceeded through the roadblock at a high rate of speed without stopping); (2) when the vehicle stops and the driver and passenger change places just before reaching the roadblock. State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289 (1990) (regardless of the legality of the roadblock, driver's actions provided a basis independent of the roadblock which justified his stop); (3) or when the vehicle avoids the roadblock in a suspicious manner. Coffman v. State, 26 Ark. App. 45, 759 S.W.2d 573 (1988) (holding that an unlawful roadblock will not infect, because of the fruit-of-the-poisonous-tree doctrine, the validity of a motorist's arrest when the motorist reverses direction in order to avoid the roadblock); Tims v. State, 26 Ark. App. 102, 760 S.W.2d 78 (1988), modified on other grounds, 26 Ark. App. 102, 770 S.W.2d 211 (1989) (attempt to avoid roadblock gave officers reasonable suspicion regardless of the constitutionality of the roadblock); State v. Binion, 900 S.W.2d 702 (Tenn.Crim.App. 1994) (motorist acting to avoid roadblock by itself constitutes reasonable suspicion despite officers not adhering to the regulations for operating the roadblock); Stroud v. Commonwealth, 6 Va. App. 633, 370 S.E.2d 721 (1988) (cons
With regard to the search of the informant's automobile, we have held that "an occupant of an automobile has a legitimate expectation to be free of unreasonable governmental intrusion so as to give the occupant standing to challenge the stop as violative of his or her Fourth Amendment rights." State v. Chavez, 240 Neb. 538, 543, 483 N.W.2d 122, 125 (1992), citing State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289 (1990). Accord State v. Harms, 233 Neb. 882, 449 N.W.2d 1 (1989).
We have often stated that an occupant of an automobile has a legitimate expectation to be free of unreasonable governmental intrusion so as to give the occupant standing to challenge the stop as violative of his or her Fourth Amendment rights. State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289 (1990). It has been further held that an investigative stop of a vehicle is justified where a law enforcement officer has a reasonable suspicion founded upon articulable facts which indicate that a crime has been committed or is being committed by occupants of the vehicle.
Other states have also concluded that avoidance may, under certain circumstances, give rise to a "reasonable and articulable suspicion." Snyder v. State, 538 N.E.2d 961 (Ind. App. 4th Dist. 1989); State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289 (1990); Coffman v. State, 26 Ark. App. 45, 759 S.W.2d 573 (1988); Smith v. State, 515 So.2d 149 (Ala.Cr.App. 1987). The entry is:
To postulate that an officer who has observed a person who emits the odor of alcohol leave a bar, fall getting into his automobile, spend hours in a deep sleep, and later drive his automobile improperly does not have grounds to form the reasonable suspicion needed to stop the person and arrest him after he failed to satisfactorily perform field sobriety tests appears untenable. E.g., State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289 (1990). However, we do not reach the question, for at trial Kieckhafer, without in any way preserving his earlier objection, stipulated to the admission of the very evidence he had earlier argued should have been suppressed.
Objection to the admission of evidence is not timely unless it is made at the earliest opportunity after the ground for the objection becomes apparent. State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289 (1990). Clearly, the defendant failed to timely object to the State's evidence.
Olson, supra at 110 S.Ct. at 1687. See, also, State v. Giessinger, 235 Neb. 140, 454 N.W.2d 289 (1990) (standing to assert fourth amendment violation premised on person claiming the protection of the amendment having a legitimate expectation of privacy in the invaded place); State v. Harms, 233 Neb. 882, 449 N.W.2d 1 (1989). Applying the foregoing test, the Olson Court held, "We need go no further than to conclude, as we do, that Olson's status as an overnight guest is alone enough to show that he had an expectation of privacy in the home that society is prepared to recognize as reasonable."