Friday, October 05, 2012

Summary 2012 WY 131

Summary of Decision October 5, 2012

Chief Justice Kite delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0014

Appeal from the District Court of Carbon County, Honorable Wade E. Waldrip, Judge.

Representing Appellant: Diane Lozano, State Public Defender, PDP; Tina N. Olson, Chief Appellate Counsel.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Lucas J. Esch, Senior Assistant Attorney General.

Date of Decision: October 5, 2012

Facts:  After conditionally pleading guilty to possession with intent to deliver marijuana, Carl Anthony Dimino challenged the district court’s denial of his motion to suppress evidence discovered during a search of his vehicle.  He maintained that he was unconstitutionally detained for a drug dog sniff after a traffic stop and that the subsequent search of his vehicle was illegal. 

Issues: Mr. Dimino states a single issue on appeal:

Did the trial court err in denying appellant’s motion to suppress evidence obtained as a result of his illegal detention and the subsequent search of his rental vehicle?

The State articulates two issues, which we rephrase:

Did the trooper have a reasonable articulable suspicion of criminal activity to justify detaining Mr. Dimino momentarily so the trooper’s drug dog could walk around the rental car for a free air sniff?

Did the trooper have probable cause to search Mr. Dimino’s rental car, with or without the drug dog alert?

Holdings:  The Court affirmed, concluding the trooper had reasonable suspicion to detain him and the search was legal.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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