Summary 2010 WY 47

Summary of Decision issued April 20, 2010

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Johnson v. State

Citation: 2010 WY 47

Docket Number: S-09-0029

Appeal from the District Court of Campbell County, the Honorable John R. Perry, Judge.

Representing Appellant Johnson: Kenneth DeCock of Plains Law Offices, LLP, Gillette, Wyoming.

Representing Appellee State: Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Leda J. Pojman, Senior Assistant Attorney General.

Facts/Discussion: Johnson entered a conditional plea of guilty to one count of conspiracy to deliver a controlled substance. The dispositive issue is whether the drug evidence was obtained in violation of Johnson’s constitutional rights under the Fourth Amendment to the United States Constitution and Article 1, § 4 of the Wyoming Constitution. This is the second time for this case on appeal. The Court remanded the case to the district court for the limited purpose of the entry of a supplemental order including the factual findings required by W.R.Cr.P. 12(f) as well as a statement by the district court of the conclusions of law it reached on those findings.
Under both the Wyoming and United States Constitutions, the Court examines the totality of the circumstances to determine whether consent was voluntary. The Court agreed with the district court that the officers’ demeanor was appropriate, non-threatening and not coercive. No weapons were brandished. Johnson was not handcuffed or otherwise restrained. He was not placed under arrest. The discussion was brief and informational.

Conclusion: Whether analyzed under the Wyoming Constitution or the United States Constitution, Johnson’s argument that his consent was coerced, and thus involuntary, failed.

Affirmed.

J. Golden delivered the decision.

Link: http://tinyurl.com/y3qo4kh .

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