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Goettl v. State11/30/1992
n the route from Buffalo leading to Sheridan. In about twenty minutes, the officer saw the same silver Volvo traveling north on Highway 87 toward the interstate. He could see at least four people in the Volvo. At the time he saw the car with the people in it, the officer was at a pay telephone talking to an agent of the drug task force. That agent then contacted Kevin Hughes, the supervisor of the Northeast Drug Enforcement Team, at about 4:15 P.M. and reported the information he had received from the Buffalo police officer. The information given to Agent Hughes consisted of the substance of what the informant had told the dispatcher, including a description of the vehicle, together with the observations of the Buffalo police officer.
Agent Hughes then left Sheridan and traveled toward Buffalo after using his radio to arrange with officers of the Sheridan Police Department to watch for the silver Volvo in case Hughes missed it. After traveling about five miles south toward Buffalo, Hughes saw the Volvo traveling toward Sheridan. He turned around and followed the Volvo, but missed the Coffeen exit at Sheridan which the Volvo had taken. After Goettl's Volvo turned off the interstate, an officer of the Sheridan Police Department stopped it because of Agent Hughes' earlier request. There were five people in the car: Goettl, Don Goettl, Laura Goettl, Shalom Waltenbaugh and Matthew Demary.
Goettl was driving the Volvo when the Sheridan police officer pulled the vehicle over. Goettl presented a Wyoming driver's license to the officer who made a radio check and learned from the Wyoming Highway Patrol that Goettl's Wyoming driver's license had been suspended. At that time, the Sheridan police officer arrested Goettl for driving while his license was suspended.
Agent Hughes arrived at the Volvo some three or four minutes after it was stopped by the Sheridan police officer. Agent Hughes advised Goettl of his constitutional rights in accordance with the decision in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974, reh'g denied, 385 U.S. 890, 87 S.Ct. 11, 17 L.Ed.2d 121 (1966). Goettl then gave permission to Agent Hughes to search both his person and the vehicle he was driving. That search did not disclose any contraband on Goettl's person. Agent Hughes then requested, and received, consent to search one of the passengers, Matthew Demary. That search revealed a quantity of LSD in the pocket of Demary's trousers. Demary then was placed under arrest by Agent Hughes, and he was advised of his constitutional rights in accordance with the Miranda decision. Thereafter, the other occupants of the car, except for Laura Goettl, consented to a search of their persons, but no other contraband was disclosed. All five people were then taken to the police station in Sheridan where they were questioned by Agent Hughes and another Sheridan police officer. In the course of the interrogation that evening, Goettl made statements to Agent Hughes. Those statements were not recorded, but the contents of the statements were related by Agent Hughes in the course of his testimony at Goettl's trial.
Goettl was charged with possessing a controlled substance, lysergic acid diethylamide (LSD), as defined in Schedule I, Wyo. Stat. § 35-7-1014(d)(xii) (1988), with intent to deliver and with conspiring to deliver that controlled substance, in violation of Wyo. Stat. §§ 35-7-1031(a) and 6-1-303 (1988), respectively. A hearing was held on two different days in July addressing a defense motion to suppress the statements made by Goettl to Agent Hughes while he was under arrest. That motion was denied. At his trial in August, Goettl was convicted of both charges. He then
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