DocketNumber： 05-145
Judges： Hill, Voigt, Golden, Kite, Burke
Filed Date： 11/15/2007
Status： Precedential
Modified Date： 11/13/2024
[11] A Casper police officer arrested Roy Dean Pierce (the appellant) for two traffic violations and proceeded to search the vehicle the appellant had been occupying prior to the arrest. The appellant later filed a motion in the district court to suppress the drug-related evidence that the officer seized from the vehicle. The district court denied the motion. On appeal, the appellant claims that the officer's search violated both the Wyoming Constitution and the United States Constitution. We agree that the search violated the Wyoming Constitution and, accordingly, reverse and remand this matter to the district court for further proceedings consistent with this opinion.
[12] 1. Whether the search at issue in the instant case violated Article 1, Section 4 of the Wyoming Constitution?
2. Whether the search at issue in the instant case violated the Fourth Amendment to the United States Constitution?
FACTS
[13] Casper police officer Wesley Gudahl was patrolling a local park at 5:19 a.m. on September 4, 2004, when he observed the appellant sitting in a parked four-door Subaru station wagon. The appellant was "laying back in the [driver's] seat" with one foot on the dashboard and when the officer illuminated the vehicle, the appellant "raised his head and then flopped it back." Concerned for the appellant's welfare and because the park was closed,
not to disturb the occupants of his new residence.
[14] Officer Gudahl asked the appellant for his driver's license and proof of motor vehicle liability insurance. The appellant produced a Montana driver's license and volunteered that the license was suspended. He added that he did not have proof of insurance because he was in the process of transferring the insurance from another vehicle to the Subaru. A dispatcher confirmed that the appellant's license was suspended, and Officer Gudahl decided to arrest the appellant for driving under suspension
[15] While Officer Gudahl waited for a backup officer to arrive and assist him with the appellant's arrest, the officer checked the Subaru's temporary registration tag because the appellant had indicated that he owned the vehicle. The registration tag stated that the vehicle was registered to a Ms. Currie. The officer asked the appellant about this, and the appellant responded that a Mr. and Mrs. Ritchie owned the vehicle. When Officer Gudahl explained that neither of them was the individual named on the temporary registration tag, the appellant agreed that Ms. Currie owned the vehicle, stated that the Ritchies were her parents, and claimed that he had permission to use the vehicle
[17] Officer Gudahl proceeded to search the area of the Subaru in which the appellant had been sitting, including under and behind the driver's seat and between the driver's seat and the front passenger seat.
[18] The appellant was charged with three felonies: 1) possession of powder or erystalline methamphetamine, third or subsequent offense, in violation of Wyo. Stat. Ann. § 85-7-1081(c)(i) (LexisNexis 2007); 2) possession of liquid methamphetamine, third or subsequent offense, in violation of Wyo. Stat. Ann. § 85-7-1031(0)@); and 3) possession of a quantity of liquid methamphetamine exceeding .3 grams, in violation of Wyo. Stat. Ann. § 35-7-103l(0)(@i).
STANDARD OF REVIEW
[T9] Our standard of review is as follows:
"Findings on factual issues made by the district court considering a motion to suppress are not disturbed on appeal unless they are clearly erroneous. Wilson v. State, 874 P.2d 215, 218 (Wyo.1994). Since the district court conducts the hearing on the motion to suppress and has the opportunity to assess the eredibility of the witnesses, weigh the evidence, and make the necessary inferences, deductions, and conclusions, evidence is viewed in the light most favorable to the district court's determination. Id. The issue of law, whether an unreasonable search or seizure has occurred in violation of constitutional rights, is reviewed de novo. Id.; Brown v. State, 944 P.2d 1168, 1170-71 (Wyo.1997)."
Grant v. State, 2004 WY 45, ¶10, 88 P.3d 1016, 1018 (Wyo.2004) (quoting McChesney v. State, 988 P.2d 1071, 1074 (Wyo.1999)).
DISCUSSION
[T10] The appellant asserts that Officer Gudahl's warrantless, non-consensual search of the Subaru incident to the appellant's arrest.
forbids all searches and seizures; rather, they prohibit unreasonable searches and seizures. Guerra v. State, 897 P.2d 447, 452 (Wyo.1995). Warrantless searches and seizures are unreasonable per se, with but a few exceptions. Gehnert v. State, 956 P.2d 359, 362 (Wyo.1998); Morris v. State, 908 P.2d 931, 935 (Wyo.1995). ...
Lancaster v. State, 2002 WY 45, ¶ 61, 43 P.3d 80, 102-03 (Wyo.2002) (emphasis in original). We are concerned in the instant appeal with the applicability of the search-incident-to-arrest exception. "The question of whether an exception applies to support a search without a warrant is dependent upon all of the facts and cireumstances viewed in their entirety" and if "a defendant properly objects to or moves for suppression of evidence seized, the State bears the burden of proving that one of the exceptions applies." Moulton v. State, 2006 WY 152, ¶16, 148 P.3d 38, 43 (Wyo.2006) (citations omitted).
[111] Citing Vasquez v. State, 990 P.2d 476 (Wyo.1999), and O'Boyle v. State, 2005 WY 83, 117 P.3d 401 (Wyo.2005), the appellant contends that Article 1, Section 4 of the Wyoming Constitution
[112] The State would limit our consideration to whether Officer Gudahl acted reasonably in opening the Subaru's rear door to examine the area behind the driver's seat, which area was within the appellant's immediate control prior to the arrest. Citing Chimel v. Califormia, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969), and generally the dangers inherent in any arrest, the premise of the State's argument is that every arrest "always" provides a reasonable justifi- . cation for an officer to search the area within an arrestee's immediate control, including the area of the Subaru that Officer Gudahl initially searched in this case. The officer's search was therefore reasonable because it had not exceeded the area within the appellant's immediate control when the officer discovered the syringes in plain view. The State adds that it was "of no significance" that the appellant remained handcuffed in a patrol car during the search because "safety interests justify permitting officers to search after removing the suspect."
[T183] We have said that our
state constitution provides protection of individual rights separate and independent from the protection afforded by the U.S. Constitution. The U.S. Supreme Court has made it clear in that states at a minimum must comply with its interpretations of the federal constitution. Mapp v. Ohio, 367 U.S. 643, 654-55, 81 S.Ct. 1684, 1691, 6 L.Ed.2d 1081 (1961). However, it also has made clear that states may separately interpret and apply their own constitutions. Id. In interpreting their own constitutions, states generally have focused upon whether their particular state constitution provides greater protection than the federal constitution. Mogard v. City of Laramie, 2001 WY 88, ¶5, 32 P.3d 313, ¶5 (Wyo.2001). However, using federal law as a guide, states may also conclude that the seope of the protection provided by their constitution is the same as and parallel to that provided by the federal constitution....
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... [TJhis Court historically has interpreted Wyoming's search and seizure provision as forbidding unreasonable searches and seizures and has said the question of whether a search or seizure was reasonable was one of law to be decided from all*531 the circumstances. [Vasquez, 990 P.2d at 484.] Beyond this general reasonableness standard, and the warrant requirement specifically mentioned in the text of article 1, § 4, this Court has not extensively considered the seope of Wyoming's provision independent of the protection guaranteed by the Fourth Amendment. Rather, this Court, like the majority of other state courts, generally has decided search and seizure cases on the basis of federal Fourth Amendment law....
In Vasquez, however, we performed a separate state constitutional analysis and concluded that article 1, § 4 provided greater protection than the Fourth Amendment under the particular facts presented. Specifically, we held the vehicle search at issue was permissible: 1) under the Fourth Amendment because it was incident to a lawful arrest; and 2) under article 1, § 4 because it was incident to a lawful arrest and was reasonable under all the cirewmstances in that law enforcement had a reasonable suspicion that one of the occupants was armed. It was this requirement that the search be reasonable under all the cireumstances as we said in Vasquez that distinguished Wyoming constitutional law from Fourth Amendment law.
O'Boyle, T4 23-26, 117 P.3d at 408-09 (emphasis in original). That being the case, we have eschewed bright-line rules in considering non-consensual vehicle searches conducted incident to an arrest, and instead favor an approach "that requires a search be reasonable under all of the circumstances as determined by the judiciary, in light of the historical intent of our [state's] search and seizure provision." Vasquez, 990 P.2d at 489. See also O'Boyle, % 80, 117 P.8d at 410 (we apply "a narrower standard, one maintaining the requirement that a search be reasonable under all the cireumstances" and in the context of "a vehicle search incident to an arrest ... Wyoming's search and seizure provision provide[s] greater protection than the federal provision.")
[T14] We cannot say that the search at issue in the instant case was reasonable. The general
rationale for permitting searches incident to arrest is to prevent the arrestee from reaching weapons or concealing or destroying evidence. See [Commonwealth v.] White, [543 Pa. 45,] 669 A.2d [896,] 905 [(1995) ]. A search incident to arrest under our state provision for these reasons is reasonable. The inherent mobility of automobiles in combination with officer and public safety concerns created when a driver or a passenger is arrested are exigent cireumstances weighing in favor of not restricting the seope, timing, or intensity of such a search.
Vasquez, 990 P.2d at 489. Such evidentiary and safety concerns are not articulable from the totality of the circumstances in the instant case, particularly considering that:
1. The officer, testified that he did not observe any signs that the appellant was under the influence of aleohol or drugs.
2. There was no reasonable possibility that evidence of the crimes for which the appellant was arrested remained in the vehicle. There also was no evidence indicating that the appellant had committed any other crime.
3. The officer's "pat down" search of the appellant's person did not uncover anything of evidentiary value.
4. The State does not attempt in its appellate brief to justify the search for eviden-tiary reasons.
5. Our analysis of the cireumstances does not reveal any reasonable basis for the officer to believe the appellant was armed or that there were weapons in the vehicle. The appellant was arrested for driving under suspension and failing to maintain liability insurance. The officer's "pat down" search of the appellant's person did not uncover any weapons.
6. There were no passengers in the vehicle, two officers were at the scene, and the officers and the appellant had already left the scene by the time the vehicle's owner retrieved the vehicle.
7. The appellant was handcuffed and placed in a patrol car immediately prior to, and during, the search. Handcuffs are by no
8. The appellant did not exhibit any furtive or suspicious activity, particularly with respect to the contents of vehicle.
9. The State does not contend in its appellate brief that considerations such as the time of day, the setting, the temporary registration tag issue, ete. contributed to any kind of safety concern in this case. The officer did not refer to any specific officer safety concerns he had that would have arisen prior to the time he initiated the search.
10. The officer admittedly had no other information about the appellant "as opposed to any other citizen." By the officer's own account, he and the appellant engaged in a friendly conversation, the appellant was honest about his suspended license, and the appellant seemingly offered a reasonable explanation for his presence at the park (the vehicle's contents, to the extent they were visible to the officer, would seem objectively to support the appellant's explanation).
11. The appellant cooperated with the officer and did not resist arrest or become combative with the officer.
This is not to say, of course, that any of these considerations might not be viewed differently if it were to arise in the context of different facts.
[115] It was the State's burden to prove that the search-incident-to-arrest exception applied, and the applicability of such an exception is "dependent upon all of the facts and cireumstances viewed in their entirety." Moulton, 116, 148 P.3d at 48. The State's appellate analysis instead focused almost exclusively on the fact that the appellant was arrested and advocates for a bright-line approach similar to the approach that we rejected in Vasquez:. Our state constitution requires more in that regard-the search must not only be incident to a lawful arrest, but also reasonable under the cireumstances. In other words, we must be able to find a reasonable basis, articulable from the totality of the circumstances in each case, to justify such a search.
[116] We add that the instant case is clearly distinguishable from other cases in which we have upheld non-consensual searches under Article 1, Section 4 of the Wyoming Constitution. For example, the following excerpt from Clark v. State, 2006 WY 88, ¶¶ 14-15, 138 P.3d 677, 680-81 (Wyo.2006), aptly summarizes our analysis of the cireumstances present in Vasquez:
[An officer stopped a vehicle after receiving a report it was weaving on the highway and almost hit another vehicle. The officer confirmed the driver was intoxicated and arrested him for driving under the influence of aleohol. Other officers called to the seene noticed empty cartridges and shell casings in the bed and passenger compartment of the pickup truck. They removed the passengers and searched the vehicle, finding cocaine in a fuse box next to the steering wheel.
Mr. Vasquez argued the search was unconstitutional under the Fourth Amendment to the United States Constitution and Article 1, § 4 of the Wyoming Constitution. We held the search was reasonable under Article 1, § 4 because it was incident to a lawful arrest and law enforcement had reason to be concerned one of the occupants was armed. We also reaffirmed prior case law holding that Article 1, § 4 allows reasonable vehicle searches incident to arrest for evidence related to the crime and to prevent the arrestee from reaching weapons or concealing or destroy ing evidence. Vasquez, 990 P.2d at 488-89. Specifically, we held "the arrest justified a search of the passenger compartment of the vehicle and all containers in it, open or closed, locked or unlocked, for evidence related to the crime and for weapons or contraband which presented an officer or a public safety concern." We concluded:
The shell casings and the presence of two adult passengers presented an officer safety and a public safety concern which permitted a search incident to arrest although Vasquez's arrest had been accomplished and he was secure inside a patrol car. It appears from the record that the passengers were also arrested*533 and, although we are not told, it would seem their arrest created the need for the officers to secure the vehicle if left on the roadside.
Vasquez, 990 P.2d at 489.
[117] In Andrews v. State, 2002 WY 28, 11 6-7, 11, 40 P.3d 708, 710-11 (Wyo.2002), a sheriff's deputy arrested Andrews for burglary and when the deputy informed Andrews that he was under arrest, Andrews "immediately removed his wallet from his back pocket and placed it on the kitchen counter directly in front of him." The deputy "handcuffed Andrews and retrieved the wallet. Andrews told the deputy that he wanted to leave his wallet at the house, but the officer opened it and discovered some silver dollars and fifty-cent pieces. The officer seized the wallet as evidence." Id., 111, 40 P.3d at 711.
[118] Andrews claimed that the deputy's search of the wallet violated both the federal constitution and Article 1, Section 4 of the Wyoming Constitution. Id., 129, 40 P.3d at 714. Our federal constitutional analysis was as follows:
Under the Chimel ruling, law enforcement officials are allowed to search the area which is within the immediate control of the arrested person. Vasquez, 990 P.2d at 480. This court quoted Chimel in Roose v. State, 759 P.2d 478, 482 (Wyo.1988) as follows:
When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape. Otherwise, the officer's safety might well be endangered, and the arrest itself frustrated. In addition, it is entirely reasonable for the arresting officer to search for and seize any evidence on the arrestee's person in order to prevent its concealment or destruction. And the area into which an arres-tee might reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. A gun on a table or in a drawer in front of one who is arrested can be as dangerous to the arresting officer as one concealed in the clothing of the person arrested. There is ample justification, therefore, for a search of the arrestee's person and the area "within his immediate control"construing that phrase to mean the area from within which he might gain possession of a weapon or destructible evidence.
Id., 130, 40 P.3d at 714-15 (emphasis in original; citations omitted). After summarizing our holding in Vasquez, we then analyzed the reasonableness of the search of Andrews' wallet under Article 1, Section 4:
In this case, Deputy Jenkins told Andrews he was under arrest, and Andrews removed the wallet from his pocket and laid it on the kitchen counter directly in front of him. Consequently, at the time when Andrews was informed he was under arrest, the wallet was still on his person. [The victim] had reported that cash and coins were stolen from her home. Such items could, of course, be concealed in a wallet and easily lost or destroyed. It was, therefore, reasonable and appropriate for the officer to seize the wallet and search it for weapons and/or evidence.
The fact that, after being placed under arrest, Andrews placed the wallet on the kitchen counter is irrelevant to the validity of the search and seizure. The wallet was obviously still within Andrews' immediate area. We agree with the trial court's observations on this matter:
THE COURT: ... In this case the wallet clearly was on the person of the Defendant. His attempt to distance himself from the wallet does not preclude the officer from searching it incident to the arrest.
The trial court correctly denied Andrews' motion to suppress the evidence seized from his wallet.
Id., TY 32-33, 40 P.3d at 715.
[119] The facts in Cotton v. State, 2005 WY 115, ¶¶4-5, 119 P.3d 981, 982 (Wyo. 2005), were essentially as follows:
*534 On June 22, 2008, Deputy David Stevens of the Laramie County Sheriff's Department stopped the vehicle Mr. Cotton was driving in a residential neighborhood of Cheyenne, Wyoming for having a cracked windshield. Deputy Stevens asked to see Mr. Cotton's driver's license and discovered it was suspended. Because Mr. Cotton was from out of state, Deputy Stevens placed him under arrest for driving with a suspended license. There was a passenger riding with Mr. Cotton and so, for safety reasons, Deputy Stevens called for back-up assistance. Deputy Poteet arrived at the scene a few minutes later.
After placing Mr. Cotton under arrest, Deputy Stevens handcuffed him and performed a pat-down search. As the deputy was escorting him to the patrol car, Mr. Cotton asked his passenger to retrieve a shirt from the back of his vehicle and take it home with him. Deputy Poteet retrieved the shirt from the vehicle and before handing it to the passenger, checked it for weapons. Inside the shirt pocket, he discovered a baggie containing crack cocaine. The deputies then searched Mr. Cotton's vehicle and found a small scale inside the trunk. They also searched Mr. Cotton and found $123 in cash.
We then considered these cireumstances under Article 1, Section 4:
Deputy Stevens testified that he called for backup assistance after discovering Mr. Cotton's license was suspended because he was making an arrest and there was another person in the vehicle. He stated:
The reasoning being officer safety; we call another officer when we make an arrest for the simple fact he did have another person with him in the passenger seat. I was outnumbered in that respect so I had to call somebody else while I had that arrest with Mr. Cotton.
Deputy Stevens further testified that he arrested Mr. Cotton, handcuffed him, patted him down for safety and was placing him in the patrol car when Mr. Cotton asked the passenger to get the shirt and take it home with him. Deputy Stevens testified at that point: "we wanted to make sure nothing was in the shirt as far as a weapon that would jeopardize officer safety." Deputy Poteet retrieved the shirt, patted it down and felt something in the pocket. He removed a clear plastic bag containing five or six rocks of what appeared to be crack cocaine. Altogether, the rocks measured approximately three inches in diameter and weighed 4.5 grams.
Under all of the cireumstances, we conclude the search of the shirt pocket was reasonable. Mr. Cotton had been arrested. The presence of an adult passenger presented a safety concern causing the arresting deputy to call for back-up assistance. When Mr. Cotton asked the passenger to retrieve the shirt, the assisting deputy was justified on the basis of safety concerns in retrieving the shirt himself rather than allowing the passenger to go back to the vehicle. He was further justi- : fied in checking the shirt for weapons before handing it to the passenger. Once he discovered there was something in the pocket of some substance (measuring approximately three inches in diameter and weighing 4.5 grams), he also was justified in removing it from the pocket before handing the shirt to the passenger.
Cotton, 11 21-22, 119 P.8d at 985-86.
[120] We similarly considered the reasonableness of a search in Clark, TV 19-21, 138 P.3d at 682-83:
The record ... shows, after a valid stop for an equipment failure, Officer Cornwell discovered Mr. Clark was driving with a suspended license, had a prior outstanding ticket in Wyoming for the same offense and had a warrant out for his arrest in Colorado for failing to appear on a domestic violence charge. Officer Cornwell ree-ognized Mr. Kobbe [ (the passenger) ] from a prior arrest in Powell related to methamphetamine. In addition, the officer ob*535 served suspicious behavior on the part of both individuals, including Mr. Kobbe disappearing from view momentarily inside the vehicle. He also detected the odor of alcohol coming from the vehicle and saw the taped Nintendo box behind the driver's seat and did not know what might be inside. Given the suspicious cireumstances and the presence of an adult passenger, he called for back-up assistance.
When the search commenced, Mr. Clark had been lawfully arrested. By the time Officer Cornwell began to assist with the search, he knew Mr. Kobbe was intoxicated. He also knew the Nintendo box had been partially covered by someone inside the vehicle after he first observed it. Although Mr. Kobbe was out of the vehicle, he was not under arrest and was standing next to the vehicle.
Officer Cornwell testified the vehicle was a two-door Ford Probe and he and Officer Martinez searched the driver's side floorboard console area, passenger side floorboard seat area and directly behind the driver and passenger seat incident to Mr. Clark's arrest. When the search commenced, the Nintendo box was located behind the driver's seat. Officer Martinez picked it up and placed it on the center console where Officer Cornwell found it during his search of the passenger side of the vehicle. The presence of an intoxicated, adult passenger presented an officer safety concern which permitted a search incident to arrest although Mr. Clark had already been arrested and was secure inside the patrol car. The presence of a box the size of a Nintendo, the contents of which were unknown and which had been partially covered up by someone inside the vehicle after the initial stop, presented further officer safety concerns justifying the warrantless search incident to arrest. Paraphrasing what we said in Vasquez, Mr. Clark's arrest justified a search of the passenger compartment of the vehicle and all containers in it, open or closed, locked or unlocked, for weapons or contraband which presented an officer safety concern. Having carefully reviewed de novo the evidence before us in light of our precedent, we hold the search was incident to a lawful arrest and reasonable under all the circumstances because of officer safety concerns.
[121] The concerns articulable from the totality of the cireumstances in these cases are not present in the instant case.
United States Constitution
[T22] The appellant also argues that the search at issue in this case violated the Fourth Amendment to the United States Constitution.
[123] One final comment seems appropriate. This opinion is founded in Article I, Section 4 of the Wyoming Constitution, particularly as interpreted and applied in O'Boyle and Vasquez, passim. The dissent, to the contrary, relies almost entirely upon United States Supreme Court cases and the Fourth Amendment to the United States Constitution. It is little more than a plea for the adoption of a rule that officer safety always trumps a reasonableness analysis under the totality of the circumstances when an arrest is made, and it is a barely disguised plea that we abandon O'Boyle and Vasquez and adopt the Belton bright-line rule that we rejected therein. And finally, United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973), cited twice in the dissenting opinion in support of the concept of searching a vehicle incident to the arrest of its driver, involved a search of the arrestee's person, not his vehicle.
[124] Having found that the search in the instant case violated Article 1, Section 4 of the Wyoming Constitution, we reverse the denial of the appellant's suppression motion and remand this matter to the district court for further proceedings consistent with this opinion.
VOIGT, C.J., delivers the opinion of the Court. BURKE, J., files a dissenting opinion; and HILL, J., files a dissenting opinion.
. The park is apparently closed, pursuant to a city ordinance, between 12:00 a.m. and 6:00 a.m.
. Such arrests are, according to the officer, a "common'' police practice in Casper.
. Officer Gudah] requested that a dispatcher contact Ms. Currie, and at some point received confirmation that she owned the Subaru and had allowed the appellant to use it. The officers did not impound the Subaru, but allowed Ms. Currie to retrieve it from the scene. She arrived some time after the arresting officer and the appellant had left.
Officer Gudahl testified at the suppression hearing that it was his policy to take a "quick look through" a vehicle for dangerous items such as weapons before releasing the vehicle to another party. The officer characterized this as a "community safety issue." We decline to consider herein whether "community safety" may have provided a reasonable basis for searching the vehicle. The record is vague as to the origin, and nature, of this policy, as well as the timing of the officer's search relative to when Ms. Currie retrieved the vehicle. The focus of the suppression hearing was the applicability of the search-incident-to-arrest exception (the officer testified that his search of the Subaru was "incident to the [appellant's] arrest" and the district court stated that the "real issue presented [was] whether there was a legal or illegal search incident to arrest"). To the extent that a public safety concern might have been relevant, we note that the prosecutor ultimately did not argue the community safety issue as a basis to justify the search during his closing argument at the suppression hearing, and the district court did not rely on the community safety issue in denying the suppression motion. On appeal, the State briefly referred to the officer's testimony in this regard while reciting the facts in its appellate brief, and also briefly mentioned the issue at oral argument. However, these references were never accompanied by any cogent argument or citation to pertinent legal authority. Simply stated, the developed facts of this case are not sufficient for
. According to the officer, these areas were "easily" within arm's reach of the appellant as he sat in the Subaru.
. The officer could see part of the bag when the appellant opened the Subaru's front driver's side door to exit the vehicle. However, it was not until the officer opened the rear driver's side door that he actually saw the syringes. The officer testified that he opened the rear door to get a better look at the bag so that he did not need to "stretch around" the driver's seat and "contort [himself]."
. Officer Gudahl "immediately" recognized that syringes are associated with methamphetamine use and according to his training, syringes also can be dangerous weapons.
. The appellant acknowledged to the backup officer that everything in the vehicle was his and that he wanted the contents released to the individual who retrieved the vehicle.
. Wyo. Stat. Ann. § 35-7-1031(c) (LexisNexis 2007) provides, in pertinent part, as follows:
(c) It is unlawfal for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. Any person who violates this subsection:
(i) And has in his possession a controlled substance in the amount set forth in this paragraph is guilty of a misdemeanor.... Any person convicted for a third or subse*529 quent offense under this paragraph, including convictions for violations of similar laws in other jurisdictions, shall be imprisoned for a term not more than five (5) years, fined not more than five thousand dollars ($5,000.00), or both. For purposes of this paragraph, the amounts of a controlled substance are as follows:
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(B) For a controlled substance in liquid form, no more than three-tenths (3/10) of a gram; (C) For a controlled substance in powder or crystalline form, no more than three (3) grams;
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(ii) And has in his possession methamphetamine ... in an amount greater than those set forth in paragraph (c)(i) of this section, is guilty of a felony punishable by imprisonment for not more than seven (7) years, a fine of not more than fifteen thousand dollars ($15,000.00), or both;
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. The appellant reserved the right to seek this Court's review of the district court's denial of his suppression motion pursuant to W.R.Cr.P. 11(a)(2), which rule provides that with "the approval of the court and the consent of the attorney for the state, a defendant may enter a conditional plea of guilty ... reserving in writing the right, on appeal from the judgment, to seek review of the adverse determination of any specified pretrial motion," and that a "defendant who prevails on appeal shall be allowed to withdraw the plea."
. The lawfulness of the officer's initial contact with the appellant, of the appellant's arrest, and of the officer's search of the appellant's person incident to that arrest, are not at issue in this appeal.
. The State does not question the adequacy of the independent state constitutional analysis the appellant presented to the district court, or to this Court on appeal.
. Article 1, Section 4 of the Wyoming Constitution provides as follows:
The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause, supported by affidavit, particularly describing the place to be searched or the person or thing to be seized.
. The State claims that we "affirmatively applied" Chimel under Article 1, Section 4 of the Wyoming Constitution in Andrews and we are therefore bound to do the same in the instant
. The Fourth Amendment to the United States Constitution provides as follows:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the . place to be searched, and the persons or things to be seized. -