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Search incident to a suspended license arrest was invalid on Wyoming Constitution

By John Wesley Hall, Jr.

Search incident to a suspended license arrest was invalid on Wyoming Constitution. The diminished expectatin of privacy in a car is not total [citing Treatise § 18.4]. Holman v. State, 2008 WY 54, 2008 Wyo. LEXIS 56 (May 14, 2008). Seconds of flailing arms does not show a fight was going on in the vehicle stopped, so the stop was invalid. State v. Martin, 2008 Ga. App. LEXIS 565 (May 16, 2008).* Defendant's stop and patdown were illegal, so his abandonment of what was in his pocket was ineffective. Also, this is not inevitable discovery. Erickson v. State, 2008 Alas. App. LEXIS 59 (April 25, 2008).

Full post as published by Fourth Amendment on May 18, 2008 (boomark / email).