Buckles v. State
Citation | 998 P.2d 927 |
Parties | Michelle BUCKLES, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
Decision Date | 29 February 2000 |
Court | Wyoming Supreme Court |
Representing Appellant: Sylvia Lee Hackl, State Public Defender; Donna D. Domonkos, Appellate Counsel; and Monique McBride, Assistant Appellate Counsel.
Representing Appellee: Gay Woodhouse, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Kimberly A. Baker, Senior Assistant Attorney General; Theodore E. Lauer, Director of the Prosecution Assistance Program; and Christopher C. Voigt, Student Intern for the Prosecution Assistance Program. Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and HILL, JJ.
Appellant Michelle Buckles entered a conditional plea of guilty to conspiracy to deliver a controlled substance, reserving the right to appeal from the denial of her motion to suppress. Buckles argues her constitutional rights were violated when the police officer stopped her vehicle and searched it in response to a be-on-the-lookout (BOLO) report. We disagree and affirm.
Buckles presents one issue for our review:
Whether the illegal stop of the appellant violated her constitutional rights as guaranteed by the Fourth Amendment of the United States Constitution and Art. 1 § 4 of the Wyoming Constitution.
The state, as appellee, states the issue in this manner:
Did the investigatory stop, after corroboration of an informant's tip, and the ensuing consensual search violate Appellant's constitutional rights as guaranteed by the Fourth Amendment of the United States Constitution and Article 1, Section 4 of the Wyoming Constitution?
The facts before us are identical to those in Frederick v. State, 981 P.2d 494 (Wyo.1999), a case that involved Buckles' co-defendant, Shane Frederick. For ease of the reader, we restate those facts below:
Buckles was charged with one count of conspiring to deliver a controlled substance. She filed a motion to suppress the evidence obtained as a result of the search, claiming the search was...
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