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Supreme court ruling throws out drug search case
Associated Press | Star Tribune | Sunday, January 15, 2006

GILLETTE, Wyo. (AP) -- A recent ruling by the Wyoming Supreme Court prompted a judge to dismiss charges against two men accused of smuggling 15 pounds of marijuana.

Wyoming Highway Patrol Trooper Jeremy Beck said he pulled over Jesse R. Tanis and Steven R. Meline for traveling 79 mph in a 75 mph zone last January.

Beck said he had noticed a strong scent of cigarettes and air freshener, which he thought could have been used to mask the odor of marijuana. He also said the men seemed nervous. After determining neither man was wanted by law enforcement authorities, Beck wrote a warning, handed it to Tanis and told the men they were free to go. But then he immediately asked, "Mind if I ask you a few more questions?"

Tanis denied having anything illegal, and told the trooper he had no cocaine, methamphetamine or marijuana. Beck questioned what he was told and called for a dog trained to detect drugs. The dog allegedly found marijuana.

On July 28, the state Supreme Court ruled in a similar case that before a search is undertaken, an officer or trooper must have clear permission from the driver and must make clear that the driver is free to go.

District Judge John R. Perry said the fact that Beck immediately asked Tanis if he would answer more questions could have created confusion as to whether Tanis had a right to refuse.

"A reasonable person under these circumstances might be under the impression that he was, indeed, not free to go because the officer had suddenly remembered something else he needed to inquire about," Perry wrote in his decision.

Perry also said officers cannot request identification from passengers or question them if a check on the driver yields a clean report. Because the check on Tanis was clean, Perry said, questioning Meline and checking his records was unconstitutional.

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dedbr

let's all move to Wyoming!

Illegal to ask the passenger question's? I guess they do thing's different in Wyoming. In Ohio they would be jail bait as soon as he pulled them over.

Buzzby For President!
Rick For Joints Chief!

Deddy

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With eyes that know the darkness of my soul, Shadows on the hills, Sketch the trees and the daffodils, Catch the breeze and the winter chill, In colors in the snowy linen land......"

Vincent.... Don Mclean


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MrIMStoned

Hasn't that always been the law in a number of places?

If only everyone was aware of their rights, there would be alot less searches over all. O the number of time I've been with someone carrying illegaL substances and have them voluntarily hand over the stuff just because a police officer asked them to. A good thing to remember is if an officer is asking than thats probably because they can't tell you to.

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"In the end the Party would announce that two and two made five, and you would have to believe it. It was inevitable that they should make that claim sooner or later: the logic of their position demanded it. Not merely the validity of experience, but the very existence of external reality, was tacitly denied by their philosophy. The heresy of heresies was common sense. And what was terrifying was not that they would kill you for thinking otherwise, but that they might be right. For, after all, how do we know that two and two make four? Or that the force of gravity works? Or that the past is unchangeable? If both the past and the external world exist only in the mind, and if the mind itself is controllable what then?"

klepto

I feel vicariously famous that this story is from wyoming. Those guys should have made a trip down to Cheyenne while they were in the area. Dedbr makes a great suggestion, as the only Wyomingite on these forums that i'm aware of, i cordially invite you to come to wyoming, i'll smoke all of you out. It doesn't suck as bad as you've heard, though the highway patrol are notorious assholes. Nowhere but wyoming do you get pulled over for 79 in a 75...

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Dr Redbeard

Hey all. This is the first time I've been motivated enough to post. YAYThose dudes were incredibly lucky. In Australia they would have been ****ed from the beginning, there wouldn't have even been a need for the pig to call on the dog squad cos he could've just searched the car himself; they could not have done a thing about it. Every time I hear Americans talking about rights I become insanely jealous, we have no Bill of Rights in Oz and the government have just passed new police laws that enable them to do pretty much what they want. Supposedly this is to prevent "terrorism" but the people know better. I say go Wyoming!

 

Mamabudz

Was in Wyoming in '76...

Cheyenne Fronteir Days (the Grandaddy of the All)

Jacksonhole and the Grand Tetons ... and my favorite Sheridan.

Just made a new friend out in Cody --- never know I may have to look you up one of these days

Hugz,

Mama Budz