Summary 2007 WY 88

Summary of Decision issued May 23, 2007

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Case Name: Negrette v. State

Citation: 2007 WY 88

Docket Number: 06-39

Appeal from the District Court of Crook County, the Honorable Dan R. Price, Judge

Representing Appellant (Defendant): Kenneth M. Koski, State Public Defender; Donna D. Domonkos, Appellate Counsel; and Kate McKay, Student Intern. Argument by Ms. McKay.

Representing Appellee (Plaintiff): Patrick J. Crank, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Eric A. Johnson, Director PAP; Geoffrey L. Gunnerson, Student Director PAP; Jennifer Reece, Student Intern, PAP. Argument by Ms. Reece.

Issue: Whether the district court erred in denying Negrete’s motion to suppress because his detention was unconstitutional under both the federal and state constitutions.

Facts/Discussion: Negrete pled guilty to one count of possession of a controlled substance conditioned upon his right to appeal the denial of his motion to suppress evidence.
Standard of Review: The Court will not disturb a ruling on a motion to suppress 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.
State Constitutional Analysis: The Court looked to the totality of the circumstances to determine whether the detention was reasonable. The circumstances included: the license plate on the pickup was not on fie; the registration had been altered; the plate number did not match the registration; the occupants of the pickup traveled from Illinois to Oregon for a two day visit; Negrete did not know the names of the people he had just visited; Negrete said he borrowed the pickup from a friend named Gilbert Mendoza but the proof of insurance card showed the name Gilberto Maldonado; the VIN was a duplicate; Negrete seemed to change the subject whenever the discussion made him uncomfortable; Negrete appeared nervous when he could not remember the names of the people he had just visited and the Deputy was unable to verify the license plates belonged on the pickup. Negrete relied on O’Boyle which the Court distinguished from the instant case both by the extensiveness of the questioning and the absence of a reasonable suspicion.
Federal Constitutional Analysis: The Court applied the two-part inquiry established in Terry v. Ohio, that is: was the initial stop justified and were the officer’s actions during the detention reasonably related in scope to the circumstances that justified the interference in the first place. The Court concluded the detention initially was appropriately tailored to the reason for the stop. The limited nature and duration of the questions as they sat in the patrol car waiting to hear from dispatch were not unreasonable.

Holding: The Court agreed the totality of the circumstances supported the conclusion that the Deputy had reasonable suspicion to believe Negrete had committed or might be committing a crime and to detain him. The detention did not violate either the Wyoming Constitution or the Fourth Amendment to the United States Constitution.

Affirmed.

J. Kite delivered the decision.

Link: http://tinyurl.com/363l8p .