372 P.3d 195
Wyo.2016Background
- Late evening stop after vehicle exited bar parking lot; officer observed no license plates, only a white paper in the upper-left of a heavily tinted rear window.
- Officer could not confirm whether the paper was a notarized bill of sale/title required for temporary operation; approached and asked the driver (Clay) about paperwork.
- During the initial contact officer detected odor of alcohol, an empty vodka bottle in the car, slow motor skills, and evasive eye contact.
- A DUI Task Force officer arrived, smelled heavy alcohol, observed slurred speech and glazed eyes, administered three field sobriety tests; Clay performed poorly and was arrested.
- Blood test showed BAC 0.18%; Clay pleaded guilty conditionally to fourth-offense DUI, preserving appeal of suppression denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether contact after the stop expanded detention beyond scope | Clay: officer unnecessarily made contact after noticing paper; any evidence of intoxication flowed from unlawful expansion and should be suppressed | State: officer needed to question driver to determine whether the paper satisfied temporary registration rules, so contact was within stop scope | Officer had reasonable suspicion to stop; questioning about the paper was within scope; subsequent observations gave reasonable suspicion of DUI, so evidence admissible |
Key Cases Cited
- Allgier v. State, 358 P.3d 1271 (Wyo. 2015) (reasonable-suspicion standard for traffic stops and allowance for some officer mistakes)
- Dimino v. State, 286 P.3d 789 (Wyo. 2012) (distinguishing consensual encounters, investigatory detention, and arrest; limits on expanding traffic stops)
- Terry v. Ohio, 392 U.S. 1 (1968) (establishing investigatory stop framework)
- Heien v. North Carolina, 135 S. Ct. 530 (2014) (reasonable-suspicion tolerates reasonable mistakes of law)
- Engdahl v. State, 327 P.3d 114 (Wyo. 2014) (approach to vehicle occupants related to stop’s purpose)
- Venegas v. State, 287 P.3d 746 (Wyo. 2012) (totality-of-circumstances test for reasonable suspicion)