Meek v. State, 00-321.
| Decision Date | 09 January 2002 |
| Docket Number | No. 00-321.,00-321. |
| Citation | 2002 WY 1,37 P.3d 1279 |
| Parties | Michael Joseph MEEK, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Kenneth M. Koski, State Public Defender; Donna D. Domonkos, Appellate Counsel; and Tina N. Kerin, Assistant Appellate Counsel, Representing Appellant.
Gay Woodhouse, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and David L. Delicath, Assistant Attorney General, Representing Appellee.
Before LEHMAN, C.J., and GOLDEN, HILL, KITE, and VOIGT, JJ.
[¶ 1] Michael Meek was convicted on two counts of possessing a controlled substance in violation of Wyo. Stat. Ann. § 35-7-1031 (LEXIS 1999). He appeals contending an NCIC report was an inadequate basis for a reasonable suspicion to allow an investigatory stop and consequently the subsequent search of his vehicle was unlawful, he was not appropriately advised of his Miranda rights, and the trial court improperly allowed the information to be amended on the day of trial to allege he possessed cocaine instead of methamphetamine. We affirm.
[¶ 3] On September 16, 1999, Chris Walsh, a sergeant with the Casper Police Department, drove into the parking lot of a Casper convenience store and observed Mr. Meek simultaneously drive in, exit his vehicle, and walk toward the store.1 Sergeant Walsh concluded Mr. Meek was acting suspiciously when he "very obviously became nervous at my presence [and] jerked his head away to look away from me and then walked into the store." Sergeant Walsh also went into the store but could not see Mr. Meek. After about five minutes, the officer returned to his vehicle and ran an NCIC check on the license plate of the vehicle Mr. Meek was driving. The report revealed the vehicle was stolen. Sergeant Walsh called for back up assistance, drove down the street, pulled over, and waited for Mr. Meek to reappear. Sergeant Walsh stopped Mr. Meek as he drove out of the parking lot. He ordered Mr. Meek and the passenger, Karen Schlitt, out of the vehicle and obtained their identifications. A check of Mr. Meek's driver's license revealed it was suspended. He was subsequently arrested for driving under a suspended license and placed in the back seat of a patrol vehicle that had arrived on the scene. During the stop, Sergeant Walsh was informed that the owner of the vehicle had indicated he would not press charges if Ms. Schlitt, his spouse, was with the vehicle. Immediately after the arrest, Sergeant Walsh searched the vehicle and found a jacket in the back seat which contained a black bag in its sleeve. The officer observed drug paraphernalia in the black bag which included plastic bags with white powder residue, syringes, and a spoon. As Sergeant Walsh removed the items from the bag, Ms. Schlitt stated, "the drugs aren't mine."
[¶ 4] Mr. Meek was then transported to the Casper Police Department. According to Sergeant Walsh's testimony, at the police department a second police officer, Officer Ritter, gave Mr. Meek a verbal warning of his Miranda rights. A third police officer, Officer Cutrell, from the street drug unit was then called to assist in Mr. Meek's interview. Upon Officer Cutrell's arrival, he was told Mr. Meek had received a verbal Miranda warning. However, it was his practice to also use a written Miranda waiver which Mr. Meek read and signed. Mr. Meek testified at the suppression hearing that he was given Miranda warnings only once, in written form. After waiving his right to remain silent, Mr. Meek agreed to speak to the officers. In the course of the interview, Mr. Meek admitted the drugs were his and told the officers where he had obtained them. Officer Cutrell asked Mr. Meek what the laboratory report would likely reveal about the substance on the paraphernalia, and he responded, "methamphetamine and possibly cocaine." Mr. Meek was charged with one count of possessing methamphetamine and one count of possessing marijuana, both in violation of § 35-7-1031. Pursuant to § 35-7-1031(c)(i), he was subject to an enhanced penalty on both counts as a result of previous offenses. He pleaded not guilty to both counts.
[¶ 5] Mr. Meek filed a motion to suppress the statements he made to the police alleging he was not provided adequate warnings under the standards set forth in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). He made an additional motion to suppress all evidence obtained from the search and seizure of his vehicle alleging there was a lack of probable cause or reasonable suspicion to justify the stop and the search exceeded the allowed scope. Pursuant to W.R.Cr.P. 11(e)(6), Mr. Meek also filed a motion to suppress all statements he made contending they were made in the course of plea discussions. The trial court held a hearing on the motions which included testimony from the officers and Mr. Meek. After considering the evidence, the trial court denied the motions.
[¶ 6] Mr. Meek waived a jury trial, and a trial to the court was held on July 17, 2000. On the morning of the first day of trial, on the basis of the laboratory report, the state filed a motion to amend the information to specify the controlled substance Mr. Meek was charged with possessing was cocaine instead of methamphetamine. The state argued it did not change the circumstances of the alleged crime or the penalty and Mr. Meek was aware of the possibility of the existence of cocaine and had so informed the officers upon his arrest. Mr. Meek's counsel objected and claimed his client was prejudiced by the late amendment. The trial court concluded there was no prejudice because the laboratory report had been provided to the defense in advance and the new allegation would not substantially affect Mr. Meek's rights. Mr. Meek did not testify at trial. He was found guilty on both counts and sentenced on each count to not less than eighteen months nor more than forty-eight months with the terms to be served consecutively. Mr. Meek now appeals.
[¶ 7] First, Mr. Meek argues Sergeant Walsh lacked the necessary reasonable suspicion to stop his vehicle and, therefore, the evidence seized during the search of his vehicle should be suppressed. He challenges the validity of the investigatory stop under the Fourth Amendment to the United States Constitution and Article 1, Section 4 of the Wyoming Constitution.2
[¶ 8] Our standard of review is as follows:
When we review a district court's ruling on a motion to suppress evidence, we do not interfere with the findings of fact unless they are clearly erroneous. When the district court has not made specific findings of fact, we will uphold its general ruling if the ruling is supportable by any reasonable view of the evidence. We consider the evidence in the light most favorable to the district court's ruling because of the district court's ability to assess "the credibility of the witnesses, weigh the evidence, and make the necessary inferences, deductions, and conclusions" at the hearing on the motion. The constitutionality of a particular search or seizure is, however, a question of law which we review de novo.
Frederick v. State, 981 P.2d 494, 497 (Wyo. 1999) (citations omitted) (quoting Gehnert v. State, 956 P.2d 359, 361 (Wyo.1998)); see also Buckles v. State, 998 P.2d 927, 930 (Wyo. 2000).
[¶ 9] The state concedes this was an investigatory stop; therefore, our analysis centers on whether the stop was lawful. An investigatory stop represents a seizure which invokes Fourth Amendment safeguards but is less intrusive than an arrest. Wilson v. State, 874 P.2d 215, 220 (Wyo.1994). The Fourth Amendment to the United State Constitution states:
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.
"The protection of the Fourth Amendment is applied to state action under the due process clause of the Fourteenth Amendment." Wilson, 874 P.2d at 219. We have previously said an investigatory stop "requires only the presence of specific and articulable facts and rational inferences which give rise to a reasonable suspicion that a person has committed or may be committing a crime." 874 P.2d at 220; see also Buckles, 998 P.2d at 930. "The validity of such a stop depends on whether, in light of the totality of the circumstances, an officer possessed sufficient information to create such a reasonable suspicion." Frederick, 981 P.2d at 497. Mr. Meek argues the required reasonable suspicion must exist before an NCIC check is initiated. The state asserts reasonable suspicion is not required to do an NCIC check but an officer may rely upon information obtained as a result of the check to create a reasonable suspicion.
[¶ 10] Mr. Meek requests this...
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