Cotton v. State

2005 WY 115, 119 P.3d 931, 2005 Wyo. LEXIS 140, 2005 WL 2205709
CourtWyoming Supreme Court
DecidedSeptember 13, 2005
Docket04-109
StatusPublished
Cited by14 cases

This text of 2005 WY 115 (Cotton v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cotton v. State, 2005 WY 115, 119 P.3d 931, 2005 Wyo. LEXIS 140, 2005 WL 2205709 (Wyo. 2005).

Opinion

KITE, Justice.

[T1] Julius J. Thomas Cotton, III was pulled over by a sheriff's deputy for having a cracked windshield. In checking his lHcense and registration, the deputy discovered Mr. *932 Cotton was driving with a suspended license and arrested him. As the deputy was escorting him to the patrol car, Mr. Cotton asked the passenger in his vehicle to retrieve a shirt out of the backseat of his vehicle and take it home with him. Another deputy on the scene examined the shirt and discovered crack cocaine in the pocket. Mr. Cotton was charged with possession of a controlled substance in violation of Wyo. Stat. Ann. § 35-7-1031(c)(ii) (LexisNexis 2008).

[12] Prior to trial, Mr. Cotton moved to suppress the evidence seized from his shirt pocket and the vehicle. The district court denied the motion, and Mr. Cotton entered a conditional guilty plea, reserving his right to appeal the denial of his suppression motion. We affirm.

ISSUES

[13] Mr. Cotton presents the following issue:

Did the trial court commit reversible error by denying Mr. Cotton's motion to suppress determining on the grounds that the search of a shirt pocket, without probable cause to believe the suspect was armed or carrying contraband, was reasonable pursuant to the Wyoming Constitution?

The State rephrases the issue as follows:

Did the district court properly deny appellant's motion to suppress?

FACTS

[14] On June 22, 2003, Deputy David Stevens of the Laramie County Sheriff's Department stopped the vehicle Mr. Cotton was driving in a residential neighborhood of Cheyenne, Wyoming for having a cracked windshield. Deputy Stevens asked to see Mr. Cotton's driver's license and discovered it was suspended. Because Mr. Cotton was from out of state, Deputy Stevens placed him under arrest for driving with a suspended license. There was a passenger riding with Mr. Cotton and so, for safety reasons, Deputy Stevens called for back-up assistance. Deputy Poteet arrived at the scene a few minutes later.

[T5] After placing Mr. Cotton under arrest, Deputy Stevens handcuffed him and performed a pat-down search. As the deputy was escorting him to the patrol car, Mr. Cotton asked his passenger to retrieve a shirt from the back of his vehicle and take it home with him. Deputy Poteet retrieved the shirt from the vehicle and before handing it to the passenger, checked it for weapons. Inside the shirt pocket, he discovered a baggie containing crack cocaine. The deputies then searched Mr. Cotton's vehicle and found a small scale inside the trunk. They also searched Mr. Cotton and found $123 in cash.

[16] Mr. Cotton was arrested for felony possession of crack cocaine weighing more than .5 grams in violation of § 35-7-1031(c)@ii). A jury trial was set for October 21, 2008. On September 2, 20083, Mr. Cotton filed a motion to suppress the evidence seized from his shirt, vehicle and person. The thrust of Mr. Cotton's argument was that the deputies did not have reasonable suspicion or probable cause to search and, therefore, the search violated the Fourth Amendment to the United States Constitution. In a two sentence paragraph at the end of his motion, without citation to or argument of any Wyoming case law, Mr. Cotton also asserted the search violated article 1, § 4 of the Wyoming Constitution.

[17] The State filed a response to the motion in which it argued the search was constitutional under the "bright line rule" enunciated in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 LEd.2d 768 (1981), that is, when a law enforcement officer has made a lawful custodial arrest of the occupant of an automobile, he may, incident to the arrest, search the passenger compartment of the automobile. Pursuant to this rule, the State argued, onee Mr. Cotton was arrested for driving under suspension, he was subject under the Fourth Amendment to search and the scope of the search extended to his person and the passenger compartment of his vehicle. The State further asserted the discovery of crack cocaine in the pocket of his shirt located in the passenger compartment provided probable cause to search the vehicle and Mr. Cotton.

[18] The district court set a hearing on the suppression motion for September 29, *933 2003. On the day of the hearing, the State filed a notice of additional authority in which it referred the district court to Guzman v. State, 2008 WY 118, 76 P.3d 825 (Wyo.2003), in deciding whether the search violated the Wyoming Constitution. It is not clear from the record whether the State filed the notice of additional authority before or after the suppression hearing. In any event, in its notice, the State quoted Guzman for the proposition that exceptions are recognized under both the United States and Wyoming Constitutions to the rule that all warrantless searches are per se unreasonable, including: a search of an arrested suspect and the area within his control; a search to prevent the imminent destruction of evidence; a search of an automobile upon probable cause; and, a search of objects in plain view.

[19] At the hearing the State called Deputy Stevens to testify. The defense presented no evidence. The State argued the Belton bright line rule as authority for denying the suppression motion. The defense agreed that Belton allows an officer to search a vehicle when an occupant of a vehicle is arrested, but argued the Belton rule did not apply in this case because at the point the deputies searched the shirt Mr. Cotton and the passenger were out of the vehicle and Mr. Cotton had already been arrested. At that point, the defense argued, Deputy Po-teet had the authority to pick up the shirt and determine that it was not concealing weapons, but had no authority to search inside the pocket. That search was not incident to arrest and was not necessary for officer safety, the defense argued. Therefore, it exceeded the scope of the deputies authority.

[T10] Following the arguments of counsel, the district court asked specifically whether a bright line rule is recognized under the Wyoming Constitution. The State responded that generally the Wyoming Supreme Court has followed Fourth Amendment law but has indicated a willingness to consider whether the Wyoming Constitution provides different protections than its federal counterpart where the argument is properly raised and presented. The State argued no proper state constitutional argument was presented here. The district court inquired whether there was anything further and defense counsel responded, "No, Your Honor."

[111] On October 17, 2003, the district court issued an order denying the motion to suppress. Addressing the issue under the Fourth Amendment, the district court applied Belton and concluded the search was proper because it was incident to a lawful arrest. The district court also addressed the Wyoming Constitution and, applying Vasquez v. State, 990 P.2d 476, 489 (Wyo.1999), concluded the search was reasonable under all the cireumstances. Addressing the latter issue, the district court stated:

The search was conducted pursuant to an arrest of an occupant. The Deputy testified that the search of the shirt was conducted for "safety" reasons.

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Bluebook (online)
2005 WY 115, 119 P.3d 931, 2005 Wyo. LEXIS 140, 2005 WL 2205709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cotton-v-state-wyo-2005.