Wednesday, March 13, 2013

Summary 2013 WY 30

Summary of Decision March 13, 2013

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0157


Appeal from the District Court of Johnson County, Honorable John G. Fenn, Judge

Representing Appellant (Plaintiff/Defendant): Christopher M. Wages of Goddard, Wages & Vogel, Buffalo, WY.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Paul S. Rehurek, Senior Assistant Attorney General, and Christyne Marie Martens, Assistant Attorney General. Argument by Ms. Martens.

Date of Decision: March 13, 2013

Facts: After conditionally pleading guilty to possession with intent to deliver marijuana, Connor Timothy Corrigan Phippen challenges the district court’s denial of his motion to suppress evidence discovered during a search of his vehicle. He contends that the drug dog sniff was inconclusive and that the subsequent search of his vehicle was illegal.

Issues: Phippen presents one issue: Whether or not the warrantless search of Mr. Phippen’s vehicle violated Article I, Section 4 of the Wyoming Constitution because it was unreasonable under the circumstances and was not supported by probable cause.

Holdings: Having concluded that the search of Phippen’s truck was lawful based upon the totality of circumstances prior to his arrest, the Court affirmed the district court’s denial of the Motion to Suppress.

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

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