Vasquez v. State

990 P.2d 476, 1999 Wyo. LEXIS 169, 1999 WL 1034578
CourtWyoming Supreme Court
DecidedNovember 16, 1999
Docket97-140
StatusPublished
Cited by83 cases

This text of 990 P.2d 476 (Vasquez 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
Vasquez v. State, 990 P.2d 476, 1999 Wyo. LEXIS 169, 1999 WL 1034578 (Wyo. 1999).

Opinions

GOLDEN, Justice.

An officer of the Wyoming Highway Patrol arrested Mario Vasquez for driving while under the influence. The officer handcuffed Vasquez and placed him in the officer’s patrol car. After the arrest was completed, another officer saw spent handgun shells in the bed of Vasquez’s truck, searched the passenger compartment and discovered cocaine inside the fuse box. Vasquez entered a conditional guilty plea to felony possession of cocaine after the district court denied various motions to suppress an inculpatory statement and evidence discovered during the search of his vehicle. The district court relied on New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), which held that the passenger compartment of a vehicle may be searched as a contemporaneous incident to lawful arrest Today, we must decide whether this motor vehicle search was permissible under the search and seizure provisions of the Wyoming and Federal Constitutions.

We 'hold that the motor vehicle search was incident to a lawful arrest and, therefore, permitted under the Fourth Amendment of the Federal Constitution, as held in Belton. Under an independent analysis of the search and seizure provision, Article 1, Section 4, of our state constitution, we hold that the officer lawfully searched the passenger compartment of Vasquez’s vehicle because that search and seizure provision permits a vehicle search for weapons incident to an arrest when reasonable suspicion exists that a vehicle occupant is armed. ■ We hold that the district court correctly denied Vasquez’s various motions to suppress and affirm his conviction.

ISSUES

Vasquez presents these issues for our review:

I. Whether the district court erred when it denied the appellant’s motions to suppress all evidence seized because the search of the appellant’s truck was illegal?
II. Whether the district court erred when it denied the appellant’s motions to suppress the appellant’s inadmissible statements to law enforcement?
III. Whether the district court erred when it denied the appellant’s motions to [479]*479suppress all evidence seized because the traffic stop of the appellant was illegal?

The State rephrases the issues as:

I. Did the district court err in denying appellant’s motion to suppress the cocaine seized during the search of his vehicle?
II. Did the district court err in denying appellant’s motion to suppress the statements he made to law enforcement?

FACTS

On June 16, 1996, at about 7:45 a.m., the Wyoming Highway Patrol received an anonymous REDDI (report every drunk driver immediately) report complaining that a newer model green Chevrolet pickup truck with Colorado plates was weaving all over the road and had almost hit the reporting person’s car as it attempted to pass. It was reported that the truck carried three Hispanic males and was traveling northbound on Interstate 25 from the Colorado-Wyoming state line. The highway patrol officer headed in the reported direction and soon spotted a truck matching the description. He followed it and noticed that it was weaving only within its own lane; however, it veered towards another vehicle attempting to pass it. That vehicle swerved to avoid the green truck and, at that point, the officer initiated a stop of the green truck. Vasquez was driving that vehicle and was accompanied by two passengers. He smelled strongly of alcohol; after conducting field sobriety tests on Vasquez, the officer placed Vasquez under arrest for driving while under the influence. Vasquez was handcuffed and placed in the officer’s patrol ear.

Other officers arrived at the scene and noticed empty cartridges or casings for bullets in the bed and passenger compartment of the pickup truck. The officers removed the passengers from the truck and searched them and the truck for weapons. In a fuse box located on the left side of the steering wheel in front of the driver, the officers found a plastic bag containing a white substance. The officer who opened the fuse box testified he believed it was an ashtray large enough to contain a pistol. Vasquez was taken to jail and processed without having his rights read to him; however, ‘he was not interrogated at the scene.

During the booking process, the arresting officer asked Vasquez questions about his name, social security number and birthdate in order to fill out a book-in sheet. Vasquez asked a deputy what the charge was against him. The arresting officer told the deputy that Vasquez was charged with driving while under the influence and could later be charged with possession of methamphetamine. Vasquez then stated that it was cocaine, not methamphetamine, and he was responsible for its presence in the truck. The arresting officer then advised Vasquez not to give any more information until he had been read his rights. The arresting officer and the deputy testified that Vasquez was obviously intoxicated and agitated. Upon being informed that Vasquez was under arrest for driving while under the influence, the deputy serving as jail custodian asked Vasquez how much he had to drink. The deputy also asked whether Vasquez had any drugs on his person. Vasquez was never read his Miranda rights by the arresting officer.

Later that day, agents from the Division of Criminal Investigation attempted to interview Vasquez but also gave up because he was intoxicated and agitated. Vasquez appeared in court that day on the driving while under the influence charge and plead guilty. He contends he completed documents requesting that counsel be appointed for him; however, the documents were dated the next day, June 17, 1996. Although defense counsel disputed the accuracy of this date at the suppression hearing, that factual issue was not resolved.

The next morning, June 17, 1996, the DCI agents advised Vasquez of his Miranda rights and conducted an interview during which Vasquez made inculpatory statements. Vasquez testified that he requested counsel at the beginning of the interview; however, the DCI agents stated that Vasquez did not make this request until late in the interview. On June 17, Vasquez again appeared in court on a possession of cocaine charge. Vasquez moved to suppress his statements and the evidence seized during the warrantless [480]*480search of his truck. After a'hearing, the motion was denied and he entered a-conditional guilty plea to the possession charge and filed an appeal. Vasquez served a sentence at the Wyoming Boot Camp in Newcastle. The remainder of his sentence was suspended in favor of two years supervised probation.

DISCUSSION

Vehicle Search

Standard of Review

When reviewing an order denying a motion to suppress evidence, the findings of the trial court regarding the motion to suppress are binding on this Court unless clearly erroneous. Neilson v. State, 599 P.2d 1326, 1330 (Wyo.1979), cert. denied, 444 U.S. 1079, 100 S.Ct. 1031, 62 L.Ed.2d 763 (1980). Whether an unreasonable search or seizure occurred in violation of constitutional rights presents a question of law and is reviewed de novo. Gronski v. State, 910 P.2d 561, 563 (Wyo.1996).

Federal Constitutional Analysis

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Cite This Page — Counsel Stack

Bluebook (online)
990 P.2d 476, 1999 Wyo. LEXIS 169, 1999 WL 1034578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vasquez-v-state-wyo-1999.