Holman v. State

2008 WY 54, 183 P.3d 368, 2008 Wyo. LEXIS 56, 2008 WL 2042803
CourtWyoming Supreme Court
DecidedMay 14, 2008
Docket06-140
StatusPublished
Cited by10 cases

This text of 2008 WY 54 (Holman 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
Holman v. State, 2008 WY 54, 183 P.3d 368, 2008 Wyo. LEXIS 56, 2008 WL 2042803 (Wyo. 2008).

Opinions

VOIGT, Chief Justice.

[11] Daniel Ray Holman ("the appellant") pled guilty to one count of third or subsequent possession of a controlled substance, specifically, methamphetamine, in violation of Wyo. Stat. Ann. § 85-7-1081(c)M) (LexisNexis 2007), reserving his right to appeal the district court's denial of his motion to suppress evidence seized during the search of his car at the time of his arrest.1 We reverse because the search of the appellant's vehicle violated the appellant's right to be free from unreasonable search under Article 1, Section 4 of the Wyoming Constitution.

ISSUE

[12] Whether the search at issue violated Article 1, Section 4 of the Wyoming Constitution?

FACTS

[13] On July 28, 2005, Casper Police Officer Joseph Moody was sitting in his patrol car near the North Casper ball fields when he was approached by Telicia Ramon. Ms. Ramon pointed to the appellant's vehicle and stated that the driver had been acting suspicious, watching children through binoculars, and moving when people approached. Upon receiving this information, Officer Moody proceeded to the area where the appellant was parked so that he could contact the appellant. Officer Moody approached the appellant's vehicle just as the appellant began to drive away. Officer Moody followed the appellant and stopped him before he left the ball field area.

[14] Upon stopping the appellant's vehicle, Officer Moody approached and asked for the appellant's lHcense, registration, and proof of insurance. The appellant did not have a driver's license but provided the officer with his Wyoming identification card. Additionally, Officer Moody asked what the appellant was doing in the area. The appellant gave the names of his two sons and explained he was looking for them as they were supposed to be playing one of the sporting events in the area. When asked if he was looking at children through binoculars, the appellant told Officer Moody that he was using a monocular and showed it to the officer.

[15] Dispatch informed Officer Moody that the appellant's driver's license had been suspended. - Shortly - thereafter, - Officer Moody's supervisor, Sergeant Malone, arrived. The officers placed the appellant under arrest for driving with a suspended license, handcuffed him and placed him in the back of Officer Moody's police car.

[16] After the appellant's arrest, Officer Moody and Sergeant Malone searched the appellant's vehicle. Their search revealed a [371]*371small, transparent, sealable plastic baggie containing a small amount of white erystal substance in the center console between the front driver and passenger seats. A field test later confirmed that the substance was methamphetamine.

[17] The appellant was charged with third or subsequent possession of a controlled substance, specifically, methamphetamine, in violation of Wyo. Stat. Ann. § 385-7-108l{(c)(i) (LexisNexis 2007). He filed a Motion to Suppress, which motion was denied. The appellant then entered a conditional guilty plea, was sentenced, and filed a timely notice of appeal.

STANDARD OF REVIEW

[T8] Findings on factual issues made by the district court considering a motion to suppress are not disturbed on appeal unless they are clearly erroneous. Wilson v. State, 874 P.2d 215, 218 (Wyo. 1994). Since the district court conducts the hearing on the motion to suppress and has the opportunity to assess the credibility of the witnesses, weigh the evidence, and make the necessary inferences, deductions, and conclusions, evidence is viewed in the light most favorable to the district court's determination. Id. The issue of law, whether an unreasonable search or seizure has occurred in violation of constitutional rights, is reviewed de novo. Id.; Brown v. State, 944 P.2d 1168, 1170-71 (Wyo.1997).

Grant v. State, 2004 WY 45, ¶ 10, 88 P.3d 1016, 1018 (Wyo.2004) (quoting McChesney v. State, 988 P.2d 1071, 1074 (Wyo.1999)).

DISCUSSION

[T9] The appellant challenges the denial of his motion to suppress the evidence discovered when his vehicle was searched following his arrest. He argues that the search was unreasonable and violated Article 1, Seetion 4 of the Wyoming Constitution.2 In New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), the United States Supreme Court held that, under the Fourth Amendment to the United States Constitution, an officer arresting an occupant of a vehicle may contemporaneously search the passenger compartment of that vehicle, incident to that arrest. In Vasquez v. State, 990 P.2d 476, 480-89 (Wyo.1999), we rejected the minimal protection that Belton's "bright-line rule" provides, and we held that Article 1, Section 4 of the Wyoming Constitution provides greater protection. Specifically, we announced that Article 1, Section 4 requires the search of an arrestee's vehicle to be "reasonable under all of the cireumstances." Id. at 489.

Exceptions to the Warrant Requirement

[110] "We have stated that under both constitutions, warrantless searches and seizures are per se unreasonable unless they are justified by probable cause and established exceptions." Pena v. State, 2004 WY 115, ¶ 29, 98 P.3d 857, 870 (Wyo.2004).

Consent is one exception to the warrant requirement. Id. Other exceptions include a search: 1) of an arrested suspect and the area within his control; 2) conducted while in pursuit of a fleeing suspect; 3) to prevent the imminent destruction of evidence; 4) of an automobile upon probable cause; 5) which results when an object is inadvertently in the plain view of police officers while they are where they have a right to be; and 6) which results from an entry into a dwelling in order to prevent loss of life or property (also referred to as the emergency assistance exception).

Moulton v. State, 2006 WY 152, ¶ 16, 148 P.3d 38, 43 (Wyo.2006). We have recognized that these exceptions extend to automobiles and have decided that "a search of an automobile without a warrant cannot be said to be unreasonable under all cireumstances, and specifically allowed automobile searches when there is probable cause for believing that a vehicle is carrying contraband or ille[372]*372gal goods and searches incidental to lawful arrest." Vasquez, 990 P.2d at 487. "When a defendant properly objects to or moves for suppression of evidence seized, the State bears the burden of proving that one of the exceptions applies." Moulton, 2006 WY 152, ¶ 16, 148 P.3d at 43.

Specific Facts Surrounding the Search

[111] Before evaluating whether any of the above-mentioned exceptions apply here (see supra I 10), we will examine the particular facts surrounding the search. Those facts are derived from three different sources in the record: 1) the Affidavit Supporting Complaint, 2) Officer Moody's testimony at the preliminary hearing, and 3) Officer Moody's testimony at the motion hearing.

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2008 WY 54, 183 P.3d 368, 2008 Wyo. LEXIS 56, 2008 WL 2042803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holman-v-state-wyo-2008.