261 P.3d 739
Wyo.2011Background
- Dickey was stopped for crossing the center line three times; deputies Proffitt and Budd conducted the stop.
- Dispatcher checked Dickey and passenger; both had prior contacts with law enforcement; no warrants found.
- Deputy Proffitt called Officer Brothers with drug dog Eddy to the scene during the stop.
- A canine sniff occurred about 13.5 minutes into the stop; dog alerted to controlled substances.
- A search of the interior yielded a purse with methamphetamine; passenger stated Dickey handed her the purse.
- Dickey challenged the stop as unconstitutionally extended to allow the dog sniff; district court denied suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was evidence suppressed for unlawful detention during the stop? | Dickey | State | No suppression; detention reasonable and dog sniff lawful |
Key Cases Cited
- Illinois v. Caballes, 543 U.S. 405 (U.S. 2005) (exterior sniff during lawful stop permissible)
- Delaware v. Prouse, 440 U.S. 648 (U.S. 1979) (standard for initial traffic stop)
- Garvin v. State, 172 P.3d 725 (Wyo. 2007) (two-part stop analysis; reasonableness of actions during detention)
- Wallace v. State, 221 P.3d 967 (Wyo. 2009) (Fourth Amendment detention framework in Wyoming)
- Damato v. State, 64 P.3d 700 (Wyo. 2003) (routine stop; scope of detention and investigation)