Gehnert v. State, 97-175
| Decision Date | 02 April 1998 |
| Docket Number | No. 97-175,97-175 |
| Citation | 956 P.2d 359 |
| Parties | Susan Phyllis GEHNERT, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Bert T. Ahlstrom, Jr., Cheyenne, for appellant (defendant).
William U. Hill, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Robin Sessions Cooley, Assistant Attorney General, for appellee (plaintiff).
Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN and LEHMAN, JJ.
Appellant Susan Gehnert appeals from the denial of her motion to suppress evidence which was seized from her automobile.
We affirm.
Gehnert presents these issues for our review:
A. Whether or not there was a valid consent to search the motor vehicle in question:
1. By the possessor-defendant; or
2. By any other person.
B. If a valid consent existed, whether or not the police exceeded the scope of the search.
C. Whether or not there existed exigent circumstances justifying a warrantless search.
At around five o'clock in the morning on August 11, 1996, Gehnert, who was employed as a shift manager, arrived at Taco John's to open it for business. She called the manager at around 6:25 or 6:30 a.m. and reported that the safe did not have money in it. At approximately 6:33 a.m., Gehnert called the sheriff's department to report the theft. John Phillips, a deputy with the Laramie County sheriff's department, was dispatched to Taco John's to investigate the report. The manager, the assistant manager, and the night manager also arrived at Taco John's.
Deputy Phillips recalled that about a week earlier a similar incident had been reported from this particular Taco John's and that approximately $1,700 had been taken. He learned that Gehnert was also the person who had discovered and reported that theft. When he arrived at Taco John's, he talked with Gehnert. She told him that she discovered the money was missing when she arrived that morning and that she did not see signs of a forced entry.
Only the manager and Gehnert had keys to the building, and only they, the assistant manager, the night manager, and one other employee had access to the safe. The safe had a combination lock on the exterior and two compartments on the inside. One of the compartments required a key for access. The manager informed Deputy Phillips that only three keys existed to the key portion of the safe. One key was hidden in the office at Taco John's; one key was on the manager's key ring; and one key, which was usually at the manager's home in her china cabinet, was missing.
Deputy Phillips asked for permission to search the vehicles which were present. Gehnert stated that the car she was driving was not hers and that she was worried the person she and her fiance were buying the car from might have drugs in it. When Deputy Phillips told her that he was not worried about drugs which might be in the car, Gehnert consented to the search. After Deputy Phillips searched the passenger compartment, he asked Gehnert for the trunk key. She told him that she did not have a key and again stated that the car was not hers and that she did not want to be held responsible for anything which might be in the trunk. The manager offered to pay for a locksmith to open the truck, but Gehnert refused, reiterating that she did not want to be held responsible for what was in the trunk.
Deputy Phillips asked Gehnert for proof of insurance or documentation, such as a registration, which showed proof of ownership. When Gehnert could not produce any such documentation, Deputy Phillips informed her After speaking with some of her superiors, Gehnert quit her job and walked home. She returned to Taco John's a short time later and turned in her uniform. She then got into the car and sat there for approximately thirty to forty minutes. Despite being warned a second time by Deputy Phillips that she could not legally drive the vehicle, Gehnert drove off in the car. Deputy Phillips followed Gehnert and pulled her over. At that time, Deputy Phillips called for assistance. Linda Renner, a detective with the Laramie County sheriff's department, arrived and took over the traffic stop while Deputy Phillips returned to Taco John's.
that she could not legally drive the car and that it would have to remain parked until she could provide documentation showing ownership or proof of insurance.
After some discussion, Gehnert agreed to accompany Detective Renner to the sheriff's department for an interview in exchange for the detective's promise not to have the car towed. At the sheriff's department, Gehnert repeatedly claimed that she did not own the car, explaining that her fiance had actually purchased it. She requested an attorney and, at that point, the interview was terminated. Detective Renner gave Gehnert a ride home.
Gehnert's fiance was at her residence when she and Detective Renner arrived. The fiance told Detective Renner that he had bought the car for $500 and that, although he was buying it for Gehnert, he was "technically" the owner of the car because no documents had been issued in Gehnert's name. He explained that the money had been paid and possession of the car had transferred but that the formal documents evidencing the sale had not been finalized.
Detective Renner asked the fiance for his permission to search the trunk of the car. He agreed to the search and signed a consent form. He accompanied Detective Renner to where the car was parked and was present when she conducted the search. Detective Renner testified that, after the locksmith opened the trunk, she observed a lot of "junk." Before moving anything, she saw money sticking out of a plastic grocery bag. She then moved a blue cloth under which she found the two missing money bags. The bags were numbered and were labeled Taco John's. Detective Renner also found a key which she later discovered was the key that was missing from the manager's china cabinet.
Gehnert was arrested for grand larceny. She filed a motion to suppress the evidence which had been seized from the car, and the district court denied her motion. Pursuant to a negotiated plea agreement, Gehnert pleaded nolo contendere, reserving the right to appeal from the district court's denial of her motion to suppress. She also agreed to pay restitution to Taco John's for both thefts. Gehnert was sentenced to serve a prison term of not less than three years nor more than five years. She appeals to this Court from the denial of her motion to suppress.
We do not disturb the findings on factual issues which the district court has made in considering a motion to suppress unless the findings are clearly erroneous. Southworth v. State, 913 P.2d 444, 447 (Wyo.1996). Because the district court conducts the hearing on the motion to suppress and has the opportunity to assess the credibility of the witnesses, weigh the evidence, and make the necessary inferences, deductions, and conclusions, we view the evidence in the light most favorable to the district court's determination. Id. The...
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