Parks v. State
2011 WY 19
| Wyo. | 2011Background
- Officer Ransom observed a trailer hitch ball obstructing Parks' license plate on an older Chevrolet pickup.
- Ransom could not read the plate and stopped Parks for an obscured license plate.
- Upon stopping, Ransom smelled burnt marijuana and Parks surrendered marijuana and a pipe.
- Parks had two prior drug-possession convictions; the State later charged a third offense.
- Parks moved to suppress the stop as unconstitutional; the district court denied the motion.
- Parks pled guilty conditionally to the third-offense possession, appealing the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interpretation of 31-2-205 | Parks contends obstruction did not violate 31-2-205. | State contends the trailer ball obstructing the plate violated 31-2-205, justifying the stop. | Obstruction violates 31-2-205; stop justified. |
Key Cases Cited
- Damato v. State, 64 P.3d 700 (Wyo. 2003) (routine traffic stop as a seizure; probable cause standard)
- Fertig v. State, 146 P.3d 492 (Wyo. 2006) (de novo review of legality; credibility of findings)
- Lovato v. State, 228 P.3d 55 (Wyo. 2010) (license plate obstruction by plastic cover; stop justified)
- Sorensen v. State Farm Auto. Ins. Co., 234 P.3d 1233 (Wyo. 2010) (statutory interpretation; plain language approach)
- Whren v. United States, 517 U.S. 806 (U.S. Supreme Court 1996) (probable cause standard for traffic stops)