State v. McCumber

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State v. McCumber

Case Number
S-16-0446
Call Date
January 6, 2017
Court Number
Wayne
Case Summary

S-16-0446 State v. Ricky J. McCumber (Appellant)

Wayne County, Judge James G. Kube

Attorneys: George T. Babcock (Appellant) --- Nathan A. Liss (Attorney General's Office)

Criminal: Refusal to submit to a chemical test, 3rd offense; refusal to submit to a preliminary breath test; driving without a license

Proceedings below: After a stipulated trial to the court, Appellant was found guilty of the above crimes.

Issues: 1. The trial court erred by determining that Nebraska statutes criminalizing refusal to submit to a warrantless search of one's blood are valid, facially and as applied, and do not violate the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution and Article 1, Sections 7 and 12 of the Nebraska Constitution. 2. The trial court erred by determining that Nebraska statutes may condition the privilege of driving upon the waiver of rights guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the U.S. Constitution and Article 1, Sections 7 and 12 of the Nebraska Constitution, to withhold consent to a warrantless search of one's blood. 3. The trial court erred by determining that Nebraska's preliminary breath test statute was constitutionally valid, facially and as applied, and did not conflict with the Fourth, Fifth, and Fourteenth Amendments of the U.S. Constitution, and Article 1, Sections 7 and 12 of the Nebraska Constitution.