My question involves criminal law for the state of: Nebraska
My Brother-in-law was recently stopped by a Nebraska hiway patrol officer at night. The only reason? - headlight out. After writing a "fixit ticket", the officer then proceeded to administer a breathalyzer test to him - several times, as the officer felt he was not blowing into the tube correctly. Then he was arrested, handcuffed and taken to a local hospital for blood tests. Following his arrest, he was booked and jailed, making bail the next morning. Yesterday, the results of the bloodtest came back and showed .05 BAC. In Nebraska, .08 is the limit.
To sum it up, this guy was arrested, booked and jailed for DUI, an offense he did not committ. However, the county attorney now has dropped the DUI charges and has entered an open container charge. Although there was an open container in the front seat, it was not visible and the officer did not have the operator's permission to search the vehicle.
The main question here is: Is a false arrest case possible under these circumstances, or what else?