Pubdate: Sun, 15 Jan 2006
Source: Casper Star-Tribune (WY)
Copyright: 2006 Casper Star-Tribune
Contact:  http://www.casperstartribune.net/
Details: http://www.mapinc.org/media/765

SUPREME COURT RULING THROWS OUT DRUG SEARCH CASE

GILLETTE, Wyo. -- A recent ruling by the Wyoming Supreme Court 
prompted a judge to dismiss charges against two men accused of 
smuggling 15 pounds of marijuana.

Wyoming Highway Patrol Trooper Jeremy Beck said he pulled over Jesse 
R. Tanis and Steven R. Meline for traveling 79 mph in a 75 mph zone 
last January.

Beck said he had noticed a strong scent of cigarettes and air 
freshener, which he thought could have been used to mask the odor of 
marijuana. He also said the men seemed nervous. After determining 
neither man was wanted by law enforcement authorities, Beck wrote a 
warning, handed it to Tanis and told the men they were free to go. 
But then he immediately asked, "Mind if I ask you a few more questions?"

Tanis denied having anything illegal, and told the trooper he had no 
cocaine, methamphetamine or marijuana. Beck questioned what he was 
told and called for a dog trained to detect drugs. The dog allegedly 
found marijuana.

On July 28, the state Supreme Court ruled in a similar case that 
before a search is undertaken, an officer or trooper must have clear 
permission from the driver and must make clear that the driver is free to go.

District Judge John R. Perry said the fact that Beck immediately 
asked Tanis if he would answer more questions could have created 
confusion as to whether Tanis had a right to refuse.

"A reasonable person under these circumstances might be under the 
impression that he was, indeed, not free to go because the officer 
had suddenly remembered something else he needed to inquire about," 
Perry wrote in his decision.

Perry also said officers cannot request identification from 
passengers or question them if a check on the driver yields a clean 
report. Because the check on Tanis was clean, Perry said, questioning 
Meline and checking his records was unconstitutional.
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MAP posted-by: Beth Wehrman