LOCAL COURT DROPS CHARGES IN WYOMING POT CASE

GILLETTE, Wyo. - A recent ruling by the Wyoming Supreme Court
prompted a judge to dismiss charges against two men accused of
smuggling 15 pounds of marijuana.

Last January, Wyoming Highway Patrol Trooper Jeremy Beck said he
pulled over Jesse R. Tanis and Steven R. Meline for traveling 79 mph
in a 75 mph zone.

Beck said he noticed a strong scent of cigarettes and air freshener,
which he thought could have been used to mask the odor of marijuana.
He also said the men seemed nervous.

After determining neither man was wanted by law enforcement
authorities, Beck wrote a warning, handed it to Tanis and told the
men they were free to go. But then he asked, "Mind if I ask you a few
more questions?"

Tanis denied having anything illegal, and told the trooper he had no
cocaine, methamphetamine or marijuana. Beck questioned what he was
told and called for a dog trained to detect drugs. The dog allegedly
found marijuana.

On July 28, the state Supreme Court ruled in a similar case that
before a search is undertaken, an officer or trooper must have clear
permission from the driver and must make clear that the driver is free to go.

District Judge John R. Perry said the fact that Beck immediately
asked Tanis if he would answer more questions could have created
confusion as to whether Tanis had a right to refuse.