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Goettl v. State11/30/1992
entered Sheridan only justifies an inference that the anonymous caller had some knowledge of Goettl and his activities, it does not justify an inference of criminal activity. Jackson, 688 P.2d at 140.
In the context of an investigatory stop predicated on an unknown informant's tip, our state constitution provides greater protection than the federal constitution by requiring, at a minimum, that police confirmation of innocent conduct is an insufficient justification for a stop. Other jurisdictions have accepted this concept. See, e.g., Lyons, 564 N.E.2d at 392; Kennison, 590 A.2d at 1101; Bedolla, 111 N.M. at 451, 806 P.2d at 591; and Crockett, 803 S.W.2d at 311. This requirement is consistent with past interpretations of this court and provides the protection the citizens of Wyoming demanded when they met in September of 1889 to draft our Constitution and establish an independent Supreme Court to provide "the greatest safeguard to the public." See Journal and Debates, supra, at 333 (Comments of Delegate Potter).
VII. CONCLUSION
It is unfortunate that we leave to criminals the protection of our rights against unreasonable search and seizure, for they make unsympathetic totems. Yet, it should never be forgotten that the interpretations given to those rights affect both the innocent and the guilty. Sokolow, 490 U.S. at 10-11, 109 S.Ct. at 1587, Marshall, J., dissenting. The anonymous individual with access to a telephone should not be given the power to compromise constitutional principles protecting against unreasonable search and seizure. Society's only protection against such abuse is requiring police corroboration of elements of criminal conduct as a component of the "reasonable suspicion" necessary for an investigatory stop.
For whom the bell tolls — when constitutional rights are denigrated, disregarded or extinguished. It tolls for all of you — whether in fact fairly innocent or completely guilty. Eldon D. Wedlock, Jr., Car 54 — How Dare You!: Toward a Unified Theory of Warrantless Automobile Searches, 75 Marq.L.Rev. 79 (1991); Steve France, First Principles. Rights of Past and Future, 77 ABA Journal 38 (August 1991).
I respectfully dissent from this court's justification of the warrantless stop on the basis presented here and subsequent denied suppression of evidence which was developed following the arrest and jail incarceration.
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