SUPREME COURT RULING THROWS OUT DRUG SEARCH 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.

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
last January.

Beck said he had 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 immediately 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.

"A reasonable person under these circumstances might be under the
impression that he was, indeed, not free to go because the officer
had suddenly remembered something else he needed to inquire about,"
Perry wrote in his decision.

Perry also said officers cannot request identification from
passengers or question them if a check on the driver yields a clean
report. Because the check on Tanis was clean, Perry said, questioning
Meline and checking his records was unconstitutional.