409 P.3d 1251
Wyo.2018Background
- Trooper Kirlin stopped James Harris for speeding on I-80; Harris and his wife were in the car. The stop lasted ~28 minutes primarily due to uncertainty about proof of insurance.
- Harris was taken to the patrol car while Kirlin checked documents; Kirlin questioned both occupants about travel plans and noticed inconsistencies between their accounts.
- Kirlin observed Harris’s nervous behavior and learned dispatch had a prior stop for marijuana three months earlier; Harris initially denied prior arrest then contradicted himself.
- Mrs. Harris eventually produced updated insurance information and explained some discrepancies; Kirlin nevertheless advised the couple of detention, gave Miranda warnings, and deployed a K-9.
- The dog alerted on the vehicle exterior; a subsequent search found THC capsules and ~16.27 pounds of marijuana. Harris was arrested and later pleaded guilty to possession, preserving the suppression ruling for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was impermissibly extended such that evidence from a subsequent search must be suppressed | Harris: Trooper lacked reasonable suspicion to expand the stop; discrepancies were resolved and any suspicion arose only after wife produced insurance | State: Totality of circumstances (travel discrepancies, nervousness, dishonesty about prior arrest, delay from lack of insurance) gave rise to reasonable suspicion early enough to justify extended detention and K-9 sniff | The court held the officer had reasonable, articulable suspicion under the totality of circumstances; detention and K-9 sniff were lawful, so suppression was properly denied |
Key Cases Cited
- Wallace v. State, 221 P.3d 967 (Wyo. 2009) (standard of review and Fourth Amendment seizure principles)
- Garvin v. State, 172 P.3d 725 (Wyo. 2007) (scope-of-stop/reasonable suspicion analysis during traffic stops)
- Damato v. State, 64 P.3d 700 (Wyo. 2003) (K-9 exterior sniff permissible with reasonable suspicion)
- Flood v. State, 169 P.3d 538 (Wyo. 2007) (travel-plan inconsistencies can supply reasonable suspicion)
- Heien v. North Carolina, 574 U.S. 54 (U.S. 2014) (an objectively reasonable mistake of fact can justify a seizure)
- Kitchell v. United States, 653 F.3d 1206 (10th Cir. 2011) (traffic-stop mission may not be prolonged beyond time necessary to issue warning absent reasonable suspicion)
- Allgier v. State, 358 P.3d 1271 (Wyo. 2015) (reasonableness allows some officer mistakes; objective-reasonableness standard)