Yoeuth v. State

2009 WY 61, 206 P.3d 1278, 2009 Wyo. LEXIS 59, 2009 WL 1163992
CourtWyoming Supreme Court
DecidedMay 1, 2009
DocketS-08-0136, S-08-0170
StatusPublished
Cited by18 cases

This text of 2009 WY 61 (Yoeuth 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
Yoeuth v. State, 2009 WY 61, 206 P.3d 1278, 2009 Wyo. LEXIS 59, 2009 WL 1163992 (Wyo. 2009).

Opinion

BURKE, Justice.

[¶1] In their consolidated appeals, Derrick Loo and Yoeun Yoeuth challenge the district court's denial of their motions to suppress evidence obtained during a traffic stop and subsequent search of the vehicle's trunk. We affirm in both cases, although in Ms. Yoeuth's, on a basis different from that of the district court.

ISSUES

[¶2] Mr. Loo states his issue as follows: Did the trial court abuse its discretion and commit reversible error when it denied appellant's motion for suppression?

[¶8] Ms. Yoeuth presents this issue: Did Ms. Yoeuth have standing to object to the stop of the vehicle in which she was a passenger, and did she lose that standing by vague statements regarding the contents of the rental vehicle's trunk?

FACTS

[¶4] At about two o'clock on the afternoon of November 3, 2007, Wyoming Highway Patrol Trooper Jason Green was on duty on Interstate 80 east of Rawlins. He observed a speeding eastbound vehicle, and gave chase. During the pursuit, as he was about to overtake a silver-colored passenger car, the driver of that car abruptly hit his brakes. As Trooper Green described it, the driver "[mlJashed on them pretty hard" and "slowed way down."

[¶5] Trooper Green thought that behavior unusual, so he contacted dispatch for a check on the silver car's license plate number. The dispatcher initially responded that there was no record of this license plate. However, Trooper Green had mistakenly read an "8" on the license plate as a "B." When that error was corrected, the dispatcher informed Trooper Green that the license plate now appeared to be registered to two different vehicles. Given that information, *1281 Trooper Green abandoned his chase of the speeding vehicle and continued to observe the silver car. As Trooper Green followed, the driver again hit the brakes abruptly, and slowed from 75 miles per hour, the speed limit, to 65 miles per hour. When the car came up behind a semi truck, it did not pass, but instead followed behind at approximately one car length, and continued following closely for approximately half a mile. Trooper Green decided to stop the silver car for following the truck too closely.

When Trooper Green stopped the car, he noticed for the first time that there was a passenger. Approaching the driver's window, he detected a strong smell of perfume coming from inside. He told the driver that he had been stopped for following another vehicle too closely, and because the license plate was registered to two different vehicles. The driver informed the trooper that the car was rented. The trooper asked for a driver's license, and learned that the driver was Derrick Loo. The trooper also asked for the rental agreement. When Mr. Loo reached into the glove compartment to get it, Trooper Green saw two different rental agreements in the glove box, one from Hertz and one from Avis. Trooper Green also noticed that Mr. Loo's hands were trembling, he appeared very uncomfortable, and an artery was pulsing visibly at his temple. During this time, the passenger fixed her stare straight forward, not looking at Trooper Green or engaging him in any way.

[¶7] The Hertz rental agreement indicated that Mr. Loo had rented the car in Reno, Nevada, just after midnight earlier the same day. It was a one-way rental agreement, with the car to be turned in at Indianapolis, Indiana. After examining the rental agreement, Trooper Green asked Mr. Loo to come to the patrol car. He told Mr. Loo that he would get a warning citation for following too closely.

[¶8] Although it was cold outside, Mr. Loo was sweating heavily as he entered the passenger side of the patrol car. When Mr. Loo entered, Trooper Green observed that Sandy, a trained drug-sniffing dog, stirred in the back seat and began sniffing at Mr. Loo. Sandy is not trained to alert to humans, but Trooper Green testified that every time he has seen the dog sniff at a person the way she sniffed at Mr. Loo, that person was either using or in possession of a controlled substance.

[¶9] While sitting in the patrol car, Trooper Green asked Mr. Loo about being in Reno, where the car had been rented. Mr. Loo said he had gone to Reno for some gambling. The Trooper asked his destination, and Mr. Loo said he was going to Indiana to visit friends. During the conversation, Mr. Loo would not make eye contact with Trooper Green. He continued to show signs of nervousness. The artery at his temple continued pulsing, and sweat beaded up on his forehead. Trooper Green found this unusual. In his experience, a detainee's initial nervousness usually subsides or goes away when told he will get only a warning.

[T10] Because the license plate on the silver car was registered to two vehicles, Trooper Green decided to check the vehicle identification number. Leaving Mr. Loo in the patrol car, Trooper Green walked to the silver car to read the number. This time, the odor of perfume was gone. He began talking to the passenger in the car, and asked where they were going. She said they were going to Indiana, but said she did not know why. Asked about being in Reno, she said that they had not done any gambling. This conversation was short, lasting only about a minute.

[T11] Trooper Green returned to the patrol car, and gave dispatch the vehicle identification number. While waiting for a response, he again asked questions of Mr. Loo. This time, Mr. Loo said they were going to Indiana to visit the passenger's family. He continued to exhibit a high level of nervousness. Trooper Green completed the paperwork on the warning ticket, gave the warning to Mr. Loo along with his driver's license and rental agreement, and told Mr. Loo he was free to go.

[¶12] As Mr. Loo was walking back toward his car, Trooper Green asked if he would answer a few more questions. Mr. Loo said yes. Trooper Green reminded Mr. Loo that he did not have to answer any more *1282 questions. Mr. Loo said he understood, but was willing to answer questions. Trooper Green said that he had become "pretty suspicious about everything that was going on here," including the fact that Mr. Loo was very nervous and sweating. Mr. Loo denied being nervous. Nevertheless, Trooper Green believed that the cireumstances were "consistent with things that I see on drug interdic-tions," so he asked Mr. Loo if there was anything illegal in the car. Mr. Loo said no, without making eye contact with the trooper. Trooper Green asked if he could search the vehicle, and Mr. Loo's response was "just stammering and stuttering." Trooper Green took that to mean that Mr. Loo did not consent to a search of the car.

[¶18] Trooper Green then said that he was going to have the dog check the car. When Sandy was let out of the patrol car, she ran to the side of the vehicle, sniffed intently at the panel behind the rear wheel on the driver's side, and then sat down at a spot between the wheel well and the trunk. This behavior was consistent with an alert to drugs. When asked, Mr. Loo again denied that there was anything illegal in the car. Trooper Green then asked the passenger if there were any drugs in the car. When she said no, the Trooper said that the dog had indicated there were drugs.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 WY 61, 206 P.3d 1278, 2009 Wyo. LEXIS 59, 2009 WL 1163992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yoeuth-v-state-wyo-2009.