405 P.3d 1067
Wyo.2017Background
- On Jan. 16, 2016, Farnsworth was arrested on an outstanding warrant and escorted into Campbell County Detention Center.
- While entering booking, deputies asked whether he had illegal substances; Farnsworth responded uncertainly that he did not know if he had any.
- A pat-down during booking revealed two baggies of a white powder in his pocket that tested presumptively positive for methamphetamine.
- Farnsworth was charged with felony taking a controlled substance into a jail (Wyo. Stat. § 6-5-208) and pled no contest to that charge while reserving the right to appeal denial of his motion to dismiss.
- He moved to dismiss arguing § 6-5-208 requires a voluntary act to bring the drugs into jail and that his presence in jail was involuntary; the district court denied the motion, finding the concealment of the drugs was voluntary.
- Farnsworth also raised for the first time on appeal a Fifth Amendment self-incrimination objection to the court’s remark and the State’s argument; the Court declined to reach that claim because it was not preserved or supported by authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 6-5-208 applies when an arrestee is brought into jail involuntarily | Farnsworth: statute requires intent/voluntary act to bring drugs into jail; being arrested and brought involuntarily cannot satisfy the statute | State: statute punishes any person who "takes or passes" a controlled substance into a jail; arrestees who carry drugs into booking fall within that language | Court: § 6-5-208 applies to arrestees; denial of motion to dismiss affirmed |
| Whether the district court or State violated Fifth Amendment rights | Farnsworth: court’s quoted language and State’s argument effectively required self-incrimination to avoid felony charge | State: quoted language was from a cited case, not the court’s basis; prosecution argued voluntariness of act, not use of silence as evidence; claim not raised below and unsupported on appeal | Court: claim not preserved and unsupported by authority; court declines to reach merits |
Key Cases Cited
- Barrera v. State, 403 P.3d 1025 (Wyo. 2017) (statute criminalizing taking controlled substances into jail applies to arrestees brought into booking)
- Paramo v. State, 896 P.2d 1342 (Wyo. 1995) (taking or passing controlled substances into a jail may be proven without proving possession by others)
- Johnson v. Safeway Stores, Inc., 568 P.2d 908 (Wyo. 1977) (repeals or amendments by implication are not favored and require clear repugnancy)