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Ward v. State

Supreme Court of Wyoming

January 14, 2015

BRADLEY M. WARD, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff)

Appeal from the District Court of Campbell County. The Honorable Thomas W. Rumpke, Judge.

Representing Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; and Eric M. Alden, Senior Assistant Appellate Counsel.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Darrell D. Jackson, Faculty Director, Prosecution Assistance Program; A. Walker Steinhage, Student Director; and Paul M. Bowron, Student Intern.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

OPINION

Page 409

HILL, Justice.

[¶1] Bradley Ward was charged with felony possession of marijuana based on evidence found in a search of his vehicle following his involvement in an automobile accident. Ward moved to suppress the evidence and his statements to law enforcement, arguing that the investigating officer impermissibly extended the scope of his contact with Ward by continuing to question him after issuing a citation to and releasing the other driver. The district court denied Ward's motion to suppress, and Ward entered a conditional guilty plea to the felony possession charge, reserving the right to appeal the court's order denying the motion to suppress.

[¶2] On appeal, Ward does not challenge the search of his vehicle on the basis that the investigating officer impermissibly extended the scope of his detention. Ward instead argues that the State failed to present sufficient evidence at the suppression hearing concerning the certification of the drug dog used by the investigating officer. Because we find that Ward did not raise this issue before the district court and did not properly reserve the question pursuant to his W.R.Cr.P. 11(a)(2) plea, we will not address the issue, and we affirm the order denying Ward's motion to suppress.

ISSUE

[¶3] Ward presents a single issue on appeal, stating the issue as:

Did the evidence presented by the State meet the minimum requirements of Florida v. Harris, 133 S.Ct. 1050, 185 L.Ed.2d 61 (2013)?

FACTS

[¶4] On June 5, 2013, Ward was involved in a vehicle accident in Gillette, Wyoming. Officer Steven Dillard of the Gillette Police Department was dispatched to investigate the accident and had with him his canine partner, Duke. On route to the accident, dispatch informed Officer Dillard that a witness had reported that he observed Ward, after the accident, move items from the backseat of his vehicle to the cargo area and then cover them with a blanket.

[¶5] On arriving at the accident scene, Officer Dillard made contact with Ward and with the other driver. By the time a second officer arrived on the scene, Officer Dillard had decided to cite the other driver in relation to the accident, and he directed the second officer to issue that ...


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