Rohda v. State

2006 WY 120, 142 P.3d 1155, 2006 Wyo. LEXIS 125, 2006 WL 2738946
CourtWyoming Supreme Court
DecidedSeptember 27, 2006
Docket03-201
StatusPublished

This text of 2006 WY 120 (Rohda 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
Rohda v. State, 2006 WY 120, 142 P.3d 1155, 2006 Wyo. LEXIS 125, 2006 WL 2738946 (Wyo. 2006).

Opinions

GOLDEN, Justice.

[¶ 1] Appellant Robert Edward Rohda was charged with violations of state drug laws after state law enforcement officers executing a search warrant discovered marijuana in a shed on Rohda’s residential property in Buffalo, Wyoming. The search warrant was issued by a district court commissioner who had determined the existence of probable cause on the strength of an affidavit signed under oath by a special agent of the state division of criminal investigation. The affidavit included hearsay statements of other law enforcement personnel and three confidential informants. Before trial, Rohda moved to suppress evidence seized during the search, asserting that the affidavit was insufficient to establish probable cause as required under both Article 1, Section 4 of the Wyoming Constitution and the Fourth Amendment of the United States Constitution. After a hearing on Rohda’s motion, the district court that reviewed the district court commissioner’s probable cause determination denied the motion. Rohda then entered a conditional guilty plea to one count of felony possession of marijuana, reserving his right to appeal the district court’s order denying his motion to suppress. Pending this appeal, execution of Rohda’s sentence was stayed, and Rohda was released on bond.

[¶ 2] Rohda and the State agree that the single issue for this Court’s review, as it was for the district court at the suppression hearing, is the district court commissioner’s probable cause determination.1 For reasons expressed more fully below, this Court holds that that determination was correct. Consequently, this Court affirms Rohda’s judgment and sentence and remands this case to the district court with directions to take appropriate action in light of this decision.

STANDARD OF REVIEW

The Appellate Standard of Review

[¶ 3] This Court’s standard of review applicable to probable cause determinations based on search warrant affidavits is well-known and need not be repeated here at great length. See, e.g., TJS v. State, 2005 WY 68, 113 P.3d 1054 (Wyo.2005); Page v. State, 2003 WY 23, 63 P.3d 904 (Wyo.2003); Kitzke v. State, 2002 WY 147, 55 P.3d 696 (Wyo.2002); Bonsness v. State, 672 P.2d 1291 (Wyo.1983); Massachusetts v. Upton, 466 U.S. 727, 104 S.Ct. 2085, 80 L.Ed.2d 721 (1984) (per curiam); Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983).

[¶ 4] The duty of reviewing courts is simply to ensure that the warrant-issuing judicial officer had a substantial basis for concluding that probable cause existed. As both our Court and the United States Supreme Court have recognized, the resolution of doubtful or marginal cases in this area should be largely determined by the preference to be accorded to warrants. See, e.g., Upton, 466 U.S. at 732-33, 104 S.Ct. at 2088; Gates, 462 U.S. at 236, 103 S.Ct. at 2331; Page, ¶ 9, 63 P.3d at 909; and Davis v. State, 859 P.2d 89, 94 (Wyo.1993).

The Warrant-Issuing Judicial Officer’s Standard for Determining Probable Cause

[¶ 5] The judicial officer who is presented with an application for a search warrant supported by an affidavit applies a [1159]*1159“totality of circumstances” analysis in making an independent judgment whether probable cause exists for the issuance of the warrant. See, e.g., Page, ¶ 9, 63 P.3d at 909; Upton, 466 U.S. at 732, 104 S.Ct. at 2087; and Bonsness, 672 P.2d at 1293. In making that independent judgment, the judicial officer is limited to the four corners of the supporting affidavit. Page, ¶ 9, 63 P.3d at 909. The “totality of circumstances” analysis requires the judicial officer simply “to make a practical, common sense decision whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Gates, 462 U.S. at 238, 103 S.Ct. at 2332; see Bonsness, 672 P.2d at 1293.

[¶ 6] The hearsay provider’s “veracity” and “basis of knowledge” were the prongs of the “two-pronged test” established in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). See, e.g., Charles E. Moylan, Jr., Hearsay and Probable Cause: An Aguilar and Spinelli Primer, 25 Mercer L.Rev. 741 (1974). This Court “never specifically adopted,” and in fact rejected “the technical and rigid requirements” set out in Aguilar and Spinelli. Bonsness, 672 P.2d at 1293. In 1983, when the United States Supreme Court in Gates rejected those technical and rigid requirements, it realized, as our Court had, that the “totality of circumstances” approach was more in keeping with the practical, common sense decision required of the warrant-issuing judicial officer. Upton, 466 U.S. at 732, 104 S.Ct. at 2087. The warrant-issuing judicial officer does not measure the affidavit by a “reasonable doubt” standard or a “preponderance of evidence” standard; instead, the measure is that the circumstances set forth in the affidavit must amount to more than a mere suspicion yet need not rise to the level of prima facie evidence of guilt. Lee v. State, 2 P.3d 517, 523 (Wyo.2000).

[¶ 7] An appropriate set of guidelines for the “totality of circumstances” approach can be derived from United States Supreme Court cases, our Wyoming cases, and the work of respected commentators2 who have reviewed federal and state case law in this area. The judicial officer deciding whether probable cause exists relies on information coming to him from the outside world. The primary source of that information is a law enforcement officer who is applying for the warrant and has signed under oath an affidavit in support of the application. The affiant law enforcement officer may include in his affidavit the raw data of his own sense perception, that is, what he saw, heard, or smelled firsthand. This firsthand information constitutes the affiant’s basis of knowledge — how he acquired his information. From affiant’s firsthand information, the judicial officer may draw conclusions about the existence or not of probable cause. With respect to the affiant’s veracity or reliability, the judicial officer relies on the affiant’s oath, with its sanctions of perjury, which is an integral part of the affiant’s affidavit.

[¶ 8] Frequently, the affiant includes in his affidavit information acquired from secondary sources in the persons of other law enforcement officers or confidential informants. As in the case of the primary source affiant, so in the case of the secondary source person, the judicial officer must know both that person’s veracity or reliability and basis of knowledge. Because the secondary source person is not before the judicial officer and has not taken an oath, the judicial officer must have a reasonable substitute for an oath in order to be satisfied with the veracity or reliability of the secondary source person.

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Cite This Page — Counsel Stack

Bluebook (online)
2006 WY 120, 142 P.3d 1155, 2006 Wyo. LEXIS 125, 2006 WL 2738946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rohda-v-state-wyo-2006.