PotShot

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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Carl Sagan Goodness Richard Dawkins Goodness