Dimino v. State, 2012 WY 131

Dimino pled guilty conditionally to possession with intent to deliver marijuana and challenged suppression of vehicle-search evidence.
He contends the trooper unlawfully detained him for a drug-dog sniff during a traffic stop and the ensuing search was illegal.
Trooper Green stopped Dimino on I-80 for speeding, initially smelled marijuana but later only cigarette and pine odors remained.
Dimino provided rental-car information; car rented in SF for about $1,300; he appeared nervous and evasive during questioning.
A K-9 sniff around the rental car alerted to the trunk; a duffle bag contained fifteen pounds of marijuana, leading to arrest and charges.
The district court denied the motion to suppress; Dimino pleaded guilty with a conditional appeal challenging the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was reasonable suspicion to detain for the drug-dog sniff	Dimino argues there was no reasonable suspicion to detain him further.	State contends the totality of circumstances supported reasonable suspicion.	Yes; the detention for the dog sniff was supported by reasonable suspicion.
Whether odor of marijuana plus present circumstances established reasonable suspicion	Dimino disputes that the odor alone or combined facts justified detention.	State argues odor, travel plans, and nervousness collectively establish reasonable suspicion.	Yes; the odor plus totality of circumstances supported reasonable suspicion.
Whether the drug-dog alert provided probable cause to search the car	Dimino challenges the reliability of the dog and the sufficiency of the alert.	State asserts a properly trained dog’s alert supplies probable cause to search.	Yes; a reliable drug-dog alert established probable cause to search.
Whether the detention tainted the search as fruit of the poisonous tree	Dimino contends illegal detention tainted the search.	State argues detention was lawful given reasonable suspicion; no taint.	Denied; detention was valid, so no taint on the search.

Sutton v. State, 220 P.3d 784 (Wyo.2009) (pre-lead-to-consent timing can precede later detention for dog sniff)
Damato v. State, 64 P.3d 700 (Wyo.2003) (reasonableness of suspicions and dynamics of detention)
Feeney v. State, 208 P.3d 50 (Wyo.2009) (travel plans as a clue in reasonable suspicion analysis)
McKenney v. State, 165 P.3d 96 (Wyo.2007) (odor of marijuana can establish probable cause when coupled with trained-dog alert)
Rideout v. State, 122 P.3d 201 (Wyo.2005) (drug-dog involvement and surrounding circumstances informing probable cause)