Pubdate: Tue, 27 Mar 2007
Source: Wyoming Tribune-Eagle (WY)
Copyright: 2007 The Wyoming Tribune-Eagle
Contact:  http://www.wyomingnews.com/
Details: http://www.mapinc.org/media/1217
Author: Cameron Mathews
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

SUPREME COURT OVERTURNS RULING

Lower Court's Decision To Allow Evidence To Be Used Against Man Is Reversed

CHEYENNE - The Wyoming Supreme Court has overturned a lower court's 
decision to allow drugs taken during a 2005 search of a local man's 
mobile home as evidence against him.

Because of that, the case against Jeremy Fenton on a charge of 
possession of methamphetamine with intent to deliver has been 
remanded to the lower court with an order to suppress that evidence 
against him.

He had pleaded guilty in 2005 to the charge on the condition that his 
motion to suppress be heard by the higher court.

Court documents show Fenton was placed on probation in 2003 after he 
pleaded guilty to possession of meth with intent to deliver.

Under the terms of his probation, he was ordered not to use or 
possess alcohol, drugs or controlled substances.

On Feb. 9, 2005, Laramie County sheriff's deputies responded to a 
mobile home at 300 E. Prosser Road, according to the affidavit of 
probable cause.

Deputies Bruce Dexter and Craig Harvey said they needed to talk 
Fenton and another suspect there about a stolen vehicle.

The affidavit shows the deputies were invited into the mobile home.

Once inside, Harvey said he noticed a small plastic baggie of 
marijuana on top of stereo speakers. That gave deputies probable 
cause to search further.

Court records show the deputies proceeded to search the rest of the 
home until they came upon a Brinks Home Security lock box resting on 
the floor between the kitchen and living-room area.

Fenton and the other suspect said the box belonged to a third party 
and that they didn't have a key for it.

Another deputy said shortly after that he had found a key, and he 
unlocked the box.

Deputies found $1,030 in cash and large quantities of meth, the 
affidavit stated. They took the meth, along with the marijuana, to 
use against Fenton.

Laramie County District Judge Peter Arnold later ruled that the drugs 
would be allowed in the case against Fenton.

He then filed a motion to suppress the evidence on May 10, 2005, 
saying the search was unreasonable under the Fourth Amendment to the 
U.S. Constitution, court documents show.

On May 16 of that year, Arnold decided the deputies' search was 
constitutional and that Fenton's motion to suppress would be denied. 
Fenton then appealed to the state's high court.

Donna D. Domonkos, the public defender representing Fenton, declined 
to comment on the case.

Geoffrey L. Gunnerson, who was representing the state, didn't return 
a call for comment.
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MAP posted-by: Beth Wehrman