NE: Telling motorist officer is done and then not letting him leave so officer can repeatedly ask for consent is a seizure

During defendant’s stop for failing to use a turn signal, the officer spent 19 minutes on a warning ticket and then said “I am done,” but, when defendant tried to leave, the officer kept asking questions and trying to get consent. This made the stop unreasonable and without reasonable suspicion. State v. Passerini, 18 Neb. App. 552, 789 N.W.2d 60 (2010)*:

In sum, the circumstances which we view collectively consist of Passerini’s lawfully operating a rental vehicle properly registered in his name, abruptly exiting the interstate, nervousness upon being detained and questioned, and prior drug-related contacts. Based upon our de novo review and considering the totality of the circumstances set forth above, we conclude that law enforcement did not have a reasonable, articulable suspicion that Passerini was involved in unlawful drug activity which would have been sufficient to justify the prolonged detention once the traffic stop had concluded. Thus, while law enforcement’s premonitions about Passerini may have eventually amounted to more than a “hunch,” the fact that the “hunch” proved to be correct does not legitimize the circumstances. See State v. Anderson, 258 Neb. 627, 605 N.W.2d 124 (2000), overruled on other grounds, State v. McCulloch, 274 Neb. 636, 724 N.W.2d 727 (2007). Therefore, the district court erred in denying Passerini’s motion to suppress, receiving evidence obtained in that search, and convicting Passerini of the offense of possession of a controlled substance with the intent to deliver. As such, we reverse the order of the district court and remand the cause with directions to set aside the judgment of conviction and remand for a new trial.