 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Sandborn v. State4/10/1987
Appellant Michael Sandborn was convicted in county court of driving while under the influence of intoxicating liquor, in violation of § 31-5-233, W.S. 1977, and operating a motor vehicle without a valid driver's license, in violation of § 31-7-106, W.S. 1977. He was fined $525 plus costs and sentenced to 30 days in jail. The sentence was suspended, and appellant was placed on probation for a period of six months.
We affirm.
Appellant asks this Court to consider the following issues:
"I. Whether or not the warrantless arrest of appellant in his home for a misdemeanor, absent exigent circumstances, violates appellant's Fourth Amendment right against unreasonable searches and seizures.
"II. Whether or not the warrantless arrest of appellant in his home, for a misdemeanor, violates W.S. § 7-2-103 `Arrests Without Warrants.'"
On December 21, 1985, at approximately 2:30 a.m., Deputy Michael Ashlock of the Sheridan County sheriff's office received a report of an accident involving property damage at a residence located in Story, Wyoming. Upon his arrival at the scene approximately 30 minutes later, Deputy Ashlock observed an unoccupied pickup truck in the ditch off the right side of the road. Its front end was smashed into the fence. The deputy questioned Louis Galloway, the owner of the property and the individual who reported the accident. On the basis of the information obtained from Galloway and a vehicle registration check, Deputy Ashlock drove to appellant's home just east of the Galloway property. There, he met appellant's wife who was leaving to go talk to Galloway. Deputy Ashlock accompanied appellant's wife back to the Galloway residence where she and Galloway discussed the damaged fence. Deputy Ashlock then drove her back to her house. At this point, he asked her for permission to enter the house and talk to appellant. Appellant's wife consented and led the deputy to the room where appellant was sleeping. Deputy Ashlock awakened appellant and, after observing and questioning him, placed him under arrest. Appellant was taken to the Sheridan County sheriff's office where he submitted to a breathalyzer test.
On January 14, 1986, prior to trial, appellant filed a motion to suppress the results of the breathalyzer test. A hearing was held on the motion on February 14, 1986, at which time appellant argued that Deputy Ashlock's nighttime warrantless entry into his home violated the Fourth Amendment's guarantee against unreasonable searches and seizures and, consequently, any evidence obtained therefrom must be suppressed. Following the testimony of witnesses and argument of counsel, the county court informed the parties that the determinative issue was whether Deputy Ashlock had consent to enter appellant's home. The court took the matter under advisement in order to consider Welsh v. Wisconsin, infra, the authority relied upon by appellant in support of his claim that the entry was unlawful. On March 19, 1986, apparently having found Welsh v. Wisconsin unsupportive of appellant's claim, the county court denied appellant's motion to suppress.
The case was tried before the county court on June 11, 1986, and appellant was found guilty and sentenced on both charges. Appellant appealed to the district court on June 13, 1986. From the district court's order affirming the county court's judgment, appellant now appeals to this Court.
I
In his first argument before this Court, appellant claims that his arrest violated the Fourth Amendment in that exigent circumstances did not exist justifying a nighttime warrantless entry into his home. In support of his claim, appellant cites Welsh v. W
Page 1 2 3 4 5 Wyoming DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|