432 P.3d 872
Wyo.2018Background
- Ray was stopped for speeding after a REDDI report and pacing by an officer; Deputy Sutton began a citation while Trooper Minick arrived and asked questions.
- Minick approached passenger side, told Ray he need not answer, asked about travel/rental car, leaned into the car and said he smelled marijuana.
- Ray was asked to exit, placed in a patrol car in investigative detention, and officers searched the vehicle: an ashtray with burnt marijuana was found, then a trunk search produced marijuana and cocaine.
- Ray moved to suppress arguing the encounter was pretextual, the smell claim was uncorroborated, and the multiple officers/coercion made questioning involuntary.
- The district court credited officers, denied suppression (smell of marijuana gave probable cause), Ray pleaded conditional no contest preserving suppression claims, and appealed.
Issues
| Issue | Plaintiff's Argument (Ray) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Validity of stop | Stop was pretextual (multiple officers, comments about cash/teeth), so search unlawful | REDDI report + observed speeding justified stop; officer motive irrelevant | Stop valid — observed speeding provided legal basis; subjective motive irrelevant (Whren) |
| Whether Minick's leaning-in sniff was an unlawful search | Leaning head into car to sniff was an impermissible search not argued below | Minick's questioning was voluntary; issue waived if not raised below | Claim waived on appeal — not raised in district court, so not considered |
| Was further questioning voluntary / did officers impermissibly expand stop | Presence of three officers and repeated questioning made consent involuntary and scope exceeded traffic stop | Minick told Ray he could refuse, questions related to travel/rental while citation pending, did not prolong stop | Interaction was voluntary and within the ongoing stop; questioning brief and non-coercive |
| Probable cause to search after odor | Trooper’s claim of smelling marijuana was uncorroborated and insufficient | Odor of marijuana supplies reasonable suspicion and even probable cause to search vehicle | Smell of marijuana provided probable cause to search entire vehicle; search reasonable under Fourth Amendment |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (officer's subjective intent does not invalidate an otherwise lawful traffic stop)
- Rodriguez v. United States, 575 U.S. 348 (U.S. 2015) (traffic-stop authority ends when tasks tied to the infraction are completed)
- Kunselman v. State, 188 P.3d 567 (Wyo. 2008) (appellate review standards for suppression rulings and plea-preserved issues)
- O'Boyle v. State, 117 P.3d 401 (Wyo. 2005) (limits on expanding investigative detention absent consent or reasonable suspicion)
- Dimino v. State, 286 P.3d 739 (Wyo. 2012) (odor of marijuana can establish probable cause)
- McKenney v. State, 165 P.3d 96 (Wyo. 2007) (odor of marijuana standing alone may supply probable cause)
- Rideout v. State, 122 P.3d 201 (Wyo. 2005) (odor of burnt marijuana establishes probable cause to search vehicle)