SUPREME COURT OVERTURNS RULING

Lower Court's Decision To Allow Evidence To Be Used Against Man Is Reversed

CHEYENNE - The Wyoming Supreme Court has overturned a lower court's
decision to allow drugs taken during a 2005 search of a local man's
mobile home as evidence against him.

Because of that, the case against Jeremy Fenton on a charge of
possession of methamphetamine with intent to deliver has been
remanded to the lower court with an order to suppress that evidence
against him.

He had pleaded guilty in 2005 to the charge on the condition that his
motion to suppress be heard by the higher court.

Court documents show Fenton was placed on probation in 2003 after he
pleaded guilty to possession of meth with intent to deliver.

Under the terms of his probation, he was ordered not to use or
possess alcohol, drugs or controlled substances.

On Feb. 9, 2005, Laramie County sheriff's deputies responded to a
mobile home at 300 E. Prosser Road, according to the affidavit of
probable cause.

Deputies Bruce Dexter and Craig Harvey said they needed to talk
Fenton and another suspect there about a stolen vehicle.

The affidavit shows the deputies were invited into the mobile home.

Once inside, Harvey said he noticed a small plastic baggie of
marijuana on top of stereo speakers. That gave deputies probable
cause to search further.

Court records show the deputies proceeded to search the rest of the
home until they came upon a Brinks Home Security lock box resting on
the floor between the kitchen and living-room area.

Fenton and the other suspect said the box belonged to a third party
and that they didn't have a key for it.

Another deputy said shortly after that he had found a key, and he
unlocked the box.

Deputies found $1,030 in cash and large quantities of meth, the
affidavit stated. They took the meth, along with the marijuana, to
use against Fenton.

Laramie County District Judge Peter Arnold later ruled that the drugs
would be allowed in the case against Fenton.

He then filed a motion to suppress the evidence on May 10, 2005,
saying the search was unreasonable under the Fourth Amendment to the
U.S. Constitution, court documents show.

On May 16 of that year, Arnold decided the deputies' search was
constitutional and that Fenton's motion to suppress would be denied.
Fenton then appealed to the state's high court.

Donna D. Domonkos, the public defender representing Fenton, declined
to comment on the case.

Geoffrey L. Gunnerson, who was representing the state, didn't return
a call for comment.