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Lancaster v. State3/28/2002
riminal activity. Instead, the contact may be justified by showing the "specific and articulable facts" upon which the officer relied in exercising his community caretaker function; that is, in acting to enhance public safety. Morris, 908 P.2d at 936. Facts learned during that initial contact may lead to reasonable suspicion of criminal activity, and that reasonable suspicion may lead to further investigation and an eventual arrest.
[ ] Application of these legal precepts to the facts of the instant case leads to the conclusion that the arresting officer's contacts with the appellant did not constitute an unreasonable search and seizure and, thus, to the further conclusion that the appellant's trial counsel was not ineffective for failing to seek suppression of the evidence resulting from those contacts. A review of the chronology of this particular police/citizen encounter supports those conclusions.
[ ] The officer who eventually arrested the appellant was working the night shift in Evansville, which is adjacent to Casper. During his shift, he had received a radio report of a murder in Casper, with a request to be on the lookout for the person suspected of being involved. Prior to going off duty at 7:00 a.m., the officer "decided to make one last pass through Evansville, make sure nobody was broke down, nobody was stranded on the roadway." As the officer drove down Lathrop Road, he noticed someone walking down the road. Having in mind the radio report of the murder in Casper, the officer pulled up next to the person, who was later identified as the appellant. The officer rolled down his window and asked the appellant whether he was okay and whether everything was all right. The appellant ignored the officer and made no response. The officer then drove past the appellant and turned around. Once again, he asked the appellant if everything was okay. This time, the appellant said, "yes." The officer observed that the appellant's clothing was soaked "from head to toe," and that the appellant's skin looked very pale. The appellant acted as if he was cold. His hands were in his pockets and he looked "shriveled up" as he walked. At the appellant's request, the officer directed him towards the interstate highway.
[ ] As the appellant continued walking, the officer contacted dispatch and gave a physical description of the appellant. The dispatcher forwarded this information to the Casper Police Department, and then relayed to the officer that this description did not appear to match their suspect. The officer then noticed in his rear view mirror that the appellant had run across the road and was walking along another road toward the interstate. The officer decided to contact the appellant a third time. He testified that his suspicions had been raised because (1) the appellant had at first ignored him; (2) the appellant's clothing was soaked and his skin was pale, as if he had been walking all night; (3) it was very early in the morning; (4) the appellant was on a dirt road in a relatively rural area; and (5) the appellant ran across the road after their contact.
[ ] The officer again stopped his vehicle, this time waiting for the appellant to approach. He saw the appellant make a movement with his left hand, as if throwing something or gesturing the officer away. The officer got out of his car and walked over to the appellant. As they stood there face-to-face, the appellant's coat was open, allowing the officer to see what appeared to be blood on the appellant's shirt. The officer asked the appellant if he was cut and if he needed medical attention, to which the appellant responded, "no."
[ ] The officer asked questions of the appellant for three or four minutes, all directed to the a
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