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Seeley v. State

5/22/1998

e three spent the afternoon and evening at several local drinking establishments, using the Blazer for transportation. During this time, Seeley asked Eisele to go out to the Blazer to retrieve money and credit cards from the backpack. Eisele could not remember "for sure," but believed he located the objects in " ne of the side pouches."


Around ten o'clock that night, the three men arrived at the bar in the Holiday Inn. While there, Ellis went to a car belonging to two females he had met that evening to do "a couple of lines of cocaine." Between midnight and one o'clock, Ellis asked Eisele, who drove the Blazer to the Holiday Inn, for the keys to drive yet another young woman he had met to her home. After securing Seeley's permission, Eisele gave the keys to Ellis.


As Ellis drove to the woman's residence, Sheridan police officer Trevor Martin noticed the Blazer was speeding and appeared to be weaving. Officer Martin followed the Blazer for several blocks, observing two people inside the vehicle, but noting no suspicious movement or "reaching." Officer Martin activated his emergency lights and stopped the Blazer about one block later.


When Officer Martin asked for a driver's license, Ellis stated he had no identification with him and gave his name as Pierre LaBarr and a birth date. Because the birth date placed Ellis at thirteen years old, Officer Martin suspected the information was false. At that point, Officer Martin ran a check on "Pierre LaBarr" and on the license plates. When the license plate check revealed that the Blazer was owned by a Casper resident, Officer Martin called dispatch to determine if the owner knew "LaBarr." Dispatch was not able to contact the owner, but spoke to the owner's son who stated his father did not know Pierre LaBarr.


Suspecting the Blazer may have been stolen and Ellis had been drinking, Officer Martin asked Ellis to step out of the Blazer and perform roadside maneuvers to test for intoxication. Failing this test, Ellis was placed under arrest for driving under the influence . Officer Martin then found identification with Ellis' name and picture, and after running a check on that name, Officer Martin learned there was an outstanding warrant for Ellis' arrest.


With growing suspicion that the Blazer may have been stolen, Officer Martin directed two other police officers who had arrived on the scene to check the vehicle. Shortly thereafter, one of the officers returned, stating he found what may be narcotics in a backpack located in the back seat of the Blazer. Upon investigation, Officer Martin saw a "black package directly behind the driver's seat * * *." In the main compartment of the backpack, he found a plastic tray and a shaving kit which contained a broken mirror. Both the tray and mirror were coated with "a white residue * * *." In another compartment, the officers found four "individually packaged plastic baggies" containing a "white powdery, chunky substance." The baggies were found intermingled with pieces of paper and receipts bearing Seeley's name.


Eventually, Ellis was escorted to the police station and his female companion was allowed to continue home. After reaching the police station, Officer Martin contacted the Wyoming Division of Criminal Investigation (DCI) to request an agent for further investigation.


In the meantime, Eisele and Seeley waited for Ellis to return to the bar. When almost everyone had left and Ellis still had not returned, Eisele arranged a ride for himself and Seeley with another friend. They went back to the motel where Eisele stayed until approximately 3:30 a.m. Eisele called the police station, but was informed Ellis was not there.


The next da

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