Phelps v. State

2012 WY 87, 278 P.3d 1148, 2012 WL 2306407
CourtWyoming Supreme Court
DecidedJune 19, 2012
DocketNos. S-11-0215, S-11-0216
StatusPublished
Cited by11 cases

This text of 2012 WY 87 (Phelps 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
Phelps v. State, 2012 WY 87, 278 P.3d 1148, 2012 WL 2306407 (Wyo. 2012).

Opinion

KITE, Chief Justice.

[T1] A Wyoming Highway Patrol trooper stopped Bryan Ellis Phelps and Justin Lin-dale Fitch for a traffic violation, detained them, conducted a drug dog sniff of their vehicle and, after the dog alerted to the presence of controlled substances, searched the vehicle and found marijuana. Messrs. Phelps and Fitch were each charged with three felonies. They moved to suppress the evidence seized during the search and the district court denied the motion. They subsequently entered pleas of guilty to one of the counts, while reserving their right to appeal the denial of their suppression motion. On appeal, they challenge that denial as well as the district court's denial of a discovery motion. We affirm.

ISSUES

[T2] Messrs. Phelps and Fitch present the following issues for our consideration:

L Was there reasonable cause to stop the vehicle?
II. - Did the traffic stop exeeed the seope of an investigatory detention?
Was the dog's alert sufficient to establish probable cause for a search of the vehicle? IIL.
IV. Did the district court abuse its discretion and commit reversible error by denying the Appellants' motions to discover1 and to suppress?

The State asserts the initial stop was justified, the initial questioning was reasonably related to the stop, reasonable suspicion supported continued questioning, and probable cause existed to search the vehicle.

FACTS

[138] On January 17, 2010, Wyoming Highway Patrol Trooper Karl Germain was on patrol in Laramie County, Wyoming. In the early morning hours, he was seated in his parked patrol car in the median facing west near mile post 349 on Interstate 80. He saw a white Mercedes pass by and observed that it was following too closely behind a semi truck. Trooper Germain left the median and drove eastward to stop the vehicle for following too closely. As he approached, he saw the Mercedes pass the semi truck, come up behind a second semi truck and again follow too closely.

[T4] Trooper Germain caught up with the vehicle and pulled alongside it to check for seatbelt use. As he came alongside, he saw someone sit up rapidly in the front passenger seat. Neither the driver nor the passenger looked in his direction but the vehicle slowed from approximately 65 to 50 miles per hour. The posted speed limit was 75 miles per hour.

[1151]*1151[15] Trooper Germain pulled behind the vehicle and activated his flashing lights. The Mercedes immediately pulled off the highway onto the shoulder. Trooper Germain advised dispatch that he had initiated a traffic stop of a white Mercedes with a California registration. He then got out of his patrol car and approached the driver's side of the vehicle. He asked the driver, Mr. Fitch, for his driver's license, registration and proof of insurance. Mr. Fitch handed him a temporary Texas driver's license and a rental agreement for the vehicle. The driver's license had an issue date of January 7, 2010, and expiration date of March 8, 2010, and listed a Texas address for Mr. Fitch The rental agreement identified Mr. Phelps as having rented the Mercedes and showed that he rented it on January 15, 2010, at the San Francisco Airport, was to return it there on February 14, 2010, and paid $2,650.29 for the rental.

[16] Trooper Germain asked Mr. Fitch where he was coming from and where he was headed. Mr. Fitch replied that he was coming from California and headed to Chicago. Trooper Germain asked what he was going to do in Chicago and Mr. Fitch said he was going to get his instrument rating to become a pilot. Trooper Germain advised Mr. Fitch that he had stopped him for following another vehicle too closely. As he spoke, Trooper Germain noticed that both Mr. Fitch and Mr. Phelps seemed unusually nervous and their arms and hands appeared to be shaking rather violently. He also noticed several pieces of luggage in the back seat of the vehicle. The exchange at the driver's side window of the Mercedes lasted less than one minute.

[17] Trooper Germain advised Mr. Fitch that he was going to issue him a warning for following too closely and asked him to come back to his patrol car. As Mr. Fitch got out of the Mercedes, the trooper noticed two energy drink bottles in the door compartment. Onee in the patrol car, as he filled out the warning, Trooper Germain asked Mr. Fitch more questions, including how long he would be in Chicago, whether he would be living there, who his passenger was, why he was driving to Chicago rather than flying, who had rented the Mercedes, where he was from, whether he was listed as an additional driver on the rental papers, what made him want to be a pilot, whether it cost a lot of money to become a pilot, how he ended up in California, and where Mr. Phelps was from. Mr. Fitch indicated he was not sure how long he would be in Chicago but was moving there temporarily. He said Mr. Phelps was his brother-in-law, had rented the Mercedes, was helping him get to Chicago, would be staying with him there, and had come from Texas to California to rent the vehicle. Mr. Fitch said he did not fly to Chicago because he wanted to make a trip out of it. In response to other questions, Mr. Fitch said he was getting his instrument rating in Chicago rather than California because he liked the school there better; was originally from Texas; had been living in California with his girlfriend; and they had recently broken up. Mr. Fitch indicated he was not sure whether he was listed on the rental agreement as an authorized driver.

[T8] During this exchange, Trooper Ger-main explained to Mr. Fitch why he had been stopped, what constituted the offense of following too closely, and what he was doing as he filled out the warning. This exchange in the patrol car between Trooper Germain and Mr. Fitch lasted less than six minutes. During the conversation, Trooper Germain noticed that Mr. Fitch continued to be shaky and nervous and appeared to be having trouble breathing and speaking.

[19] After issuing the warning and speaking with Mr. Fitch, Trooper Germain asked him to remain in the patrol car while he went to speak with Mr. Phelps. In addition to asking Mr. Phelps for identification, Trooper Germain asked him whether he had rented the vehicle, where he was coming from, why he was going to Chicago, how he knew Mr. Fitch, how long he would be in Chicago and whether he would be returning to San Francisco immediately. Mr. Phelps confirmed that he had rented the vehicle, handed the trooper a permanent Texas driver's license and said that he and Mr. Fitch were traveling from California to Chicago for Mr. Fitch's pilot training. He indicated that Mr. Fitch would probably stay in Chicago for a couple of weeks and would likely fly home. Mr. Phelps said he would be conducting some [1152]*1152business in Chicago before heading back to California to return the rental car. During the conversation, Trooper Germain noticed that Mr. Phelps' hands continued to shake. The trooper returned Mr. Phelps' driver's license and went back to the patrol car. The exchange between Trooper Germain and Mr. Phelps lasted about two minutes.

[110] Back in the patrol car, Trooper Germain asked Mr. Fitch how long he expected the training in Chicago to take, where he was going to live, what he and Mr. Phelps did for a living, how long he had known Mr. Phelps, who was paying for the rental car, whether Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Andrew Lee Boyer v. The State of Wyoming
2025 WY 93 (Wyoming Supreme Court, 2025)
Maria Anne Joseph v. The State of Wyoming
2023 WY 58 (Wyoming Supreme Court, 2023)
Joshua David Levenson v. The State of Wyoming
2022 WY 51 (Wyoming Supreme Court, 2022)
Bryan Robinson v. The State of Wyoming
2019 WY 125 (Wyoming Supreme Court, 2019)
Michael Wayne Sweets v. State
2017 WY 22 (Wyoming Supreme Court, 2017)
Carl Wayne Allgier v. State
2015 WY 137 (Wyoming Supreme Court, 2015)
Battle North, LLC v. Sensible Housing Co.
2015 COA 83 (Colorado Court of Appeals, 2015)
Tina D. Engdahl v. The State of Wyoming
2014 WY 76 (Wyoming Supreme Court, 2014)
Joy Klomliam v. The State of Wyoming
2014 WY 1 (Wyoming Supreme Court, 2014)
Dimino v. State
2012 WY 131 (Wyoming Supreme Court, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
2012 WY 87, 278 P.3d 1148, 2012 WL 2306407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-state-wyo-2012.