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Goettl v. State11/30/1992
affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The only difference in these two provisions is that, under the Constitution of the State of Wyoming, an affidavit is required to support the issuance of a search warrant. Neither U.S. Const. amend. IV nor Wyo. Const. art. 1, § 4 prohibits all warrantless searches and seizures. Only those that are unreasonable are proscribed. Neilson, 599 P.2d 1326. This court previously has adopted the standard of reasonableness, which is the federal constitutional standard for searches and seizures. See Ostrowski, 665 P.2d 471; DeHerrera v. State, 589 P.2d 845 (Wyo. 1979); Raigosa, 562 P.2d 1009. In addition, this court has adopted the federal test justifying an investigatory stop, which is something less than the information necessary to establish probable cause. Lopez, 643 P.2d 682; Vrooman v. State, 642 P.2d 782 (Wyo. 1982); Cook, 631 P.2d 5; DeHerrera.
We are not persuaded in this instance by Goettl's argument that we should expand the rights protected by the Constitution of the State of Wyoming beyond the protection furnished according to the Constitution of the United States. In light of precedent which heretofore has adopted the federal standards, we are satisfied that adopting the argument of Goettl in this regard would simply create an area of the law in which law enforcement officers, prosecutors, and trial courts would be left without a standard. There would be no way to predict what would, or would not, suffice to establish grounds for an investigatory stop or probable cause to justify a warrantless arrest. We are satisfied that it would be a disservice to structure a situation within the criminal law of the state of Wyoming leading to an ad hoc approach in every future instance.
The judgment and sentence is affirmed.
URBIGKIT, Justice, dissenting.
"The constitution is a law. It is the fundamental, inflexible law in written form which controls, limits, and orders the powers of all departments of government." Rasmussen v. Baker, 7 Wyo. 117, 143, 50 P. 819, 826 (1897). Justice Potter's words describe the function of a too often forgotten document, the Wyoming Constitution. In the search for "law," attorneys, legislators, prosecutors and judges seek the shelter of "precedent" where words written before are occasionally venerated, one suspects, merely for their presence on paper.
Today, too often, myopic views of constitutional precedent are limited to those expressed by the United States Supreme Court. Those who participated in the drafting of Wyoming's Constitution, including Justice Potter, would be disappointed to learn of the limited respect we accord their efforts. Our republican form of government remains a government of limited powers given by the people to the state. The protection accorded to the people against the abuse of such power depends on the vitality of the judiciary's protection of constitutional rights. When we permit infringement of constitutional rights, we do not just punish another guilty criminal , we tear at the fabric of our society and diminish the freedom and security of every citizen. I do not believe, under current federal constitutional precedent, that the facts of this case demonstrate the required "reasonable suspicion" to permit an investigatory stop. Furthermore, I maintain the Wyoming Constitution offers additional protection from such stops. For these reasons, I dissent.
I. FACTS
The "war on drugs" captured Edward E. Goettl (Goettl) and his companions driving from Buffalo, Wyoming to Sheridan, Wyoming. At the time of the "investigatory stop," officers had the fo
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