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Goettl v. State11/30/1992
The only question presented in this case is whether law enforcement officers had probable cause to stop Edward E. Goettl (Goettl) and then to arrest him for possession of a controlled substance with intent to deliver and conspiracy to commit that offense. Relying upon Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990), the trial court ruled that the requisite probable cause was present. Goettl argues a collateral and alternative issue with respect to the denial of a motion to suppress all evidence obtained after the stop on the ground the stop was not supported by sufficient probable cause. We agree with the decision of the trial court that this record establishes adequate probable cause to justify the action of the law enforcement officers in stopping Goettl and then arresting him for the offenses with which he was charged. The resolution of that question also determines the question arising out of the motion to suppress because that motion assumed the absence of the requisite probable cause. The judgment and sentence entered by the trial court is affirmed.
In the Brief of Appellant, Goettl submits his statement of the issues as follows:
I. Whether the court below erred when it found that the anonymous tip furnished the necessary indicia of reliability to justify a forcible stop of the Appellant's vehicle.
II. Whether the court below erred by denying the motion to suppress all evidence obtained after the arrest of the Appellant when the arrest was made without probable cause.
In its Brief of Appellee, the State of Wyoming sets forth the issues in this way:
I. Did the information furnished by the anonymous informant, as corroborated by law enforcement officers, exhibit sufficient indicia of reliability to justify the investigatory stop of Appellant's automobile?
II. Was Appellant unlawfully arrested, so as to require suppression of his subsequent confession?
The record demonstrates the following facts that are material to the disposition of this case. At about 3:45 P.M. on Saturday, April 28, 1990, the dispatcher for the Johnson County Sheriff's office at Buffalo received a telephone call from an anonymous informant who claimed knowledge of illegal drug activity. The informant told the dispatcher that Don Goettl, the appellant's brother, had "a lot of acid" and that Don Goettl and Goettl were going to Sheridan to sell it. Apparently, Goettl had come from Colorado to visit his brother and had brought the LSD to Wyoming with him. The informant advised the dispatcher that the Goettl brothers planned to transport the drugs in Goettl's silver Volvo automobile, bearing Colorado license UKB 606. The informant stated that the vehicle was parked at 178 Western Avenue in Buffalo, which was Don Goettl's address. In addition, the informant told the dispatcher the Goettl brothers were going along with others; they were getting ready to leave; and they would be leaving soon.
The dispatcher then contacted an officer of the Buffalo Police Department and asked the officer to come to the station. After the officer arrived, the dispatcher related the content of the anonymous phone call. About 4:00 P.M., the officer went by Don Goettl's residence at 178 Western Avenue to attempt to verify the information the anonymous informant had furnished. The officer saw a silver Volvo bearing Colorado license plate UKB 606 parked in the driveway of Don Goettl's residence with the passenger door open. The make of car, the license number, and its location all matched the information given by the informant. The officer then left the neighborhood where the residence was situated and drove to the north exit o
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