Summary 2006 WY 79

Summary of Decision issued June 29, 2006

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Case Name: Johnson v. State

Citation: 2006 WY 79

Docket Number: 05-163

Appeals from the District Court of Albany County, the Honorable Jeffrey A. Donnell, Judge.

Representing Appellant (Defendant): Vaughn H. Neubauer, Laramie, Wyoming.

Representing Appellee (Plaintiff): Patrick J. Crank, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Leda M. Pojman, Assistant Attorney General.

Date of Decision: June 29, 2006.

Issue: Whether the district court properly denied Appellant’s motion to suppress.

Holding: Appellant was driving a rental car when he was stopped for speeding. When it was discovered that Appellant was not an authorized driver of the rental car, the car was impounded. An inventory search led to the discovery of narcotics in a duffle bag belonging to Appellant. Appellant filed a motion to suppress which the district court denied. Appellant appeals.
Rulings on the admissibility of evidence are within the sound discretion of the trial court. The Court will not disturb such rulings absent a clear abuse of discretion. Whether an unreasonable search or seizure occurred in violation of constitutional rights presents a question of law and is reviewed de novo.
Inclusion of Mr. Johnson’s Belongings in the Inventory Search: Searches and seizures are governed by a standard of reasonableness under the circumstances. The Court considered the length of detention and found it was not unreasonable considering the time taken which was necessitated by the fact that Appellant was not authorized to drive the rental car. Time was spent conferring with the rental company as well as explaining policies and processes to Appellant. Reasonable suspicion was not necessary to justify an inventory of the items in the car. Inventory searches are a well recognized exception to the prohibition against unreasonable searches and seizures under the Fourth Amendment to the United States Constitution and article 1, § 4 of the Wyoming Constitution. It is reasonable to conduct an inventory before releasing any items from an impounded vehicle. As a result the district court did not err by denying the motion to suppress on this issue.
Closed Container Searches: The Court conducted a state constitutional analysis in the instant case. They found the scope of protection provided by the Wyoming Constitution is the same as and parallel to that provided by the federal constitution. The opening of closed containers during an inventory search is permissible if conducted in good faith, pursuant to a standardized police policy and as long as the search is not a ruse for general rummaging for evidence of a crime. The Court’s precedent has permitted inventory searches and the opening of closed containers during those searches. An inventory search that does not include all of the property within an impounded vehicle undermines the purposes for the inventory. The district court properly denied Appellant’s motion to suppress.

J. Burke delivered the opinion for the court.

Affirmed.

Link to the case: http://tinyurl.com/kcrjb .