310 P.3d 899
Wyo.2013Background
- Vogt stopped for failing to signal; later arrested for DUI after delay and testing; he refused chemical testing; OAH found probable cause and suspended his license; district court and this Court reviewed the denial of reasonable suspicion and the sufficiency of probable cause; court reverses the OAH order and remands for license suspension reversal.
- Initial stop supported by probable cause to stop for traffic violation; officer detained Vogt further for field sobriety tests; Vogt contested both reasonable suspicion and probable cause.
- Video and testimony showed Vogt’s unusual behavior and questions; some observations could be explained by anxiety, not intoxication; but totality of circumstances found reasonable suspicion for detaining for field sobriety tests.
- PBT was negative for alcohol; drug dog alerted but no drugs found; searches produced no contraband; no evidence of physical signs of intoxication.
- Court applies two-step analysis: (1) reasonable suspicion for extended detention; (2) probable cause for DUI arrest; findings conclude (1) yes, (2) no; reversal and remand for license suspension reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reasonable suspicion existed to detain Vogt for field sobriety tests | Vogt argues no reasonable suspicion beyond the traffic stop | State argues totality of circumstances supports suspicion | Yes, reasonable suspicion existed. |
| Whether there was probable cause to arrest Vogt for DUI | Vogt asserts evidence does not show DUI beyond reasonable doubt | State asserts totality of circumstances supported probable cause | No, probable cause did not exist; reversal of OAH. |
Key Cases Cited
- Batten v. Wyoming Dep’t of Transp. Drivers’ License Div., 170 P.3d 1236 (Wy. 2007) (probable cause and reasonable suspicion standards in traffic-stop context)
- Damato v. State, 64 P.3d 700 (Wy. 2003) (two-part Terry framework for stops and detentions)
- Tiernan v. State, Dep’t of Transp., 262 P.3d 561 (Wy. 2011) (articulable facts for reasonable suspicion in extended stops)
- Lovato v. State, 228 P.3d 55 (Wy. 2010) (traffic-stop analysis and detention scope)
- Garvin v. State, 172 P.3d 725 (Wy. 2007) (context of stop and subsequent detention)
- Dimino v. State, 286 P.3d 739 (Wy. 2012) (totality of circumstances for suspicion)
- Vasco v. State, Dep’t of Transp., 253 P.3d 515 (Wy. 2011) (probable cause review standard)
- Coyler v. State, 203 P.3d 1104 (Wy. 2009) (probable cause and lawful arrest requirements)
- Marshall v. State, 941 P.2d 42 (Wy. 1997) (arrest legality when evaluating implied consent)
- Keene v. Town of Torrington, 834 P.2d 112 (Wy. 1992) (general principle of probable cause)