Hixson v. State

Summary

The Wyoming Supreme Court reviewed Gregory John Hixson’s convictions for conspiracy to manufacture a controlled substance and possession of controlled substances. The court held that the search-warrant affidavit did not provide sufficient information for an independent determination of probable cause because it failed to identify the sources or foundations of its statements. The court also held that the State failed to establish the necessary facts for applying the plain view doctrine and reversed.

Holdings

1. The affidavit was insufficient to establish probable cause because it did not provide enough information for the issuing judicial officer to independently assess the reliability, source, or basis of the statements supporting the warrant.
2. The State failed to establish the requirements of the plain-view exception because the suppression-hearing evidence did not show where the items were found, who found them, whether they were actually in plain view, or otherwise satisfy the doctrine's elements.
3. The State was not entitled to a remand for a new or fuller suppression hearing to present additional plain-view evidence.

Questions Presented

1. Whether Officer London's affidavit supplied a substantial basis for the issuing judicial officer to find probable cause to search Hixson's residence.
2. Whether evidence allegedly observed in plain view during execution of Hixson's arrest warrant was admissible despite the invalidity of the search warrant.

Disposition

reversed