Post by Brooke on May 17, 2004 0:11:38 GMT -5
State supreme court overturns ruling on drug search
CHEYENNE, Wyo. (AP) -- A police dog's reaction to possible drugs in a car were enough to give a Wyoming Highway Patrol trooper probable cause to search the vehicle without a warrant, the Wyoming Supreme Court ruled.
The unanimous decision reversed a ruling by Sheridan County District Judge John C. Brackley, who said the search of Carol Marie Williams' 1988 Pontiac Bonneville was illegal and that evidence seized could not be offered at her trial.
State Trooper Kelly Board and his drug-sniffing dog, Joey, were patrolling Interstate 90 south of Sheridan on Sept. 26, 2001, when Broad saw the Bonneville traveling west with only a rear Wyoming license plate.
Since Wyoming law requires vehicles registered in the state to display both front and rear license plates, Broad stopped the car.
At his request, Williams stepped out of the vehicle, leaving a male passenger and a large dog inside. The trooper later testified that the woman was very nervous and her answers to his questions were inconsistent with information given by the passenger.
During questioning, Broad was informed by his dispatcher that Williams once had been involved with a drug violation. Williams denied she had any marijuana, heroin, cocaine or methamphetamine in the car but refused to consent to a search.
After asking Williams to remove the dog from her car and after the passenger also exited, Broad walked with his own dog to the rear passenger door on the driver's side, at which point the dog indicated the possible presence of drugs.
Inside, the dog alerted again to a small pillow on the floor and a marijuana cigarette on the rear seat. Broad opened the pillow and found drug paraphernalia along with marijuana and a white powdery substance that later tested as methamphetamine.
He arrested Williams, who was later charged with felony possession of methamphetamine and misdemeanor possession of marijuana.
Brackley ruled that while Joey's alert may have constituted probable cause of contraband, Broad still needed a search warrant.
The Supreme Court, in an opinion written by Justice Michael Golden, disagreed and sent the case back to Sheridan County District Court for further proceedings.
AP-WS-05-14-04 1544EDT
CHEYENNE, Wyo. (AP) -- A police dog's reaction to possible drugs in a car were enough to give a Wyoming Highway Patrol trooper probable cause to search the vehicle without a warrant, the Wyoming Supreme Court ruled.
The unanimous decision reversed a ruling by Sheridan County District Judge John C. Brackley, who said the search of Carol Marie Williams' 1988 Pontiac Bonneville was illegal and that evidence seized could not be offered at her trial.
State Trooper Kelly Board and his drug-sniffing dog, Joey, were patrolling Interstate 90 south of Sheridan on Sept. 26, 2001, when Broad saw the Bonneville traveling west with only a rear Wyoming license plate.
Since Wyoming law requires vehicles registered in the state to display both front and rear license plates, Broad stopped the car.
At his request, Williams stepped out of the vehicle, leaving a male passenger and a large dog inside. The trooper later testified that the woman was very nervous and her answers to his questions were inconsistent with information given by the passenger.
During questioning, Broad was informed by his dispatcher that Williams once had been involved with a drug violation. Williams denied she had any marijuana, heroin, cocaine or methamphetamine in the car but refused to consent to a search.
After asking Williams to remove the dog from her car and after the passenger also exited, Broad walked with his own dog to the rear passenger door on the driver's side, at which point the dog indicated the possible presence of drugs.
Inside, the dog alerted again to a small pillow on the floor and a marijuana cigarette on the rear seat. Broad opened the pillow and found drug paraphernalia along with marijuana and a white powdery substance that later tested as methamphetamine.
He arrested Williams, who was later charged with felony possession of methamphetamine and misdemeanor possession of marijuana.
Brackley ruled that while Joey's alert may have constituted probable cause of contraband, Broad still needed a search warrant.
The Supreme Court, in an opinion written by Justice Michael Golden, disagreed and sent the case back to Sheridan County District Court for further proceedings.
AP-WS-05-14-04 1544EDT