Seymour v. State

2008 WY 61 (Wyo. 2008) · Supreme Court of Wyoming · June 5, 2008 · No. S-07-0255

Summary

The Wyoming Supreme Court affirmed the denial of Sonder W. Seymour's motion to suppress evidence seized from his rental vehicle after a traffic stop. The court held that Seymour voluntarily consented to further questioning after being told he was free to leave and that the trooper had reasonable suspicion to detain him for a canine sniff. The search revealed 65 pounds of marijuana, and the court concluded that the detention and search did not violate the Wyoming or United States Constitutions.

Holdings

  1. Seymour voluntarily consented to the trooper's further questioning.
  2. Because Seymour voluntarily consented to the further questioning, the trooper did not need reasonable suspicion to pursue that questioning.
  3. The trooper had reasonable suspicion of unlawful activity to detain Seymour until a drug dog arrived.

Questions Presented

  1. Whether Seymour voluntarily consented to the trooper's second round of questioning after the traffic stop had concluded.
  2. Whether the trooper had reasonable suspicion of unlawful activity to detain Seymour for a canine sniff after Seymour declined consent to search.
  3. Whether the search and seizure violated article 1, section 4 of the Wyoming Constitution or the Fourth Amendment.

Disposition

affirmed

Cases Cited (7)

  • Negrette v. State, 2007 WY 88, ¶ 11, 158 P.3d 679, 682 (Wyo. 2007)(followed)
  • Hall v. State, 2007 WY 138, ¶ 5, 166 P.3d 875, 877 (Wyo. 2007)(followed)
  • O'Boyle v. State, 2005 WY 83, ¶¶ 38, 40-42, 61, 117 P.3d 401, 412-13, 418 (Wyo. 2005)(distinguished)
  • Campbell v. State, 2004 WY 106, ¶ 14, 97 P.3d 781, 785 (Wyo. 2004)(distinguished)
  • Marinaro v. State, 2007 WY 123, ¶ 10, 163 P.3d 833, 836 (Wyo. 2007)(followed)
  • Damato v. State, 2003 WY 13, ¶ 20, 64 P.3d 700, 708 (Wyo. 2003)(followed)
  • Marquez-Guitierrez v. State, 2007 WY 155, ¶ 28, 167 P.3d 1232, 1238 (Wyo. 2007)(followed)

Cited In (0)

No citing cases on record yet.

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