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Rideout v. State10/28/2005
Before HILL, C.J., and KITE, VOIGT, and BURKE JJ., and BROOKS, D.J.
[ ] In these consolidated cases, Jason Carl Rideout (J.C. Rideout) and his brother, Michael Scott Rideout (Scott Rideout) (collectively referred to as the Defendants) appeal a district court order denying their motions to suppress marijuana and associated paraphernalia seized from J.C. Rideout's residence after police officers effectuated a warrantless entry to secure the residence after detecting the odor of marijuana emanating from the residence and from Scott Rideout's person. We affirm.
ISSUES
[ ] The Defendants filed virtually identical appellate briefs. The issue they present is:
Did the District Court err in denying [Defendants'] Motion to Suppress by finding the State had sustained its burden of proving that the forcible entry into [Defendants'] home was justified under the "exigent circumstances" exception to the search warrant requirements of the Constitutions of the United States of America and the State of Wyoming?
The State offers a slightly different statement of the same issue:
Whether the district court properly denied [Defendants'] Motions to Suppress Evidence obtained from Appellant Jason Carl Rideout's residence following two officers' warrantless entry to secure the residence and subsequent search pursuant to consent and a search warrant.
FACTS
[ ] J.C. Rideout was arrested and incarcerated in the Sheridan County Detention Center on February 14, 2004, on charges unrelated to the current proceedings. Around 10:00 p.m. on February 16, 2004, it was noticed that a piece of metal framing was missing from a window in the Detention Center. A search of two adjoining cell blocks was commenced. Sergeant Kody Lamb and his canine unit were called to assist in the search. After the search of the cell block was completed, Sergeant Lamb suggested that he take his dog through the Detention Center property room where prisoners' personal effects were stored during their term of incarceration. The dog alerted on the bag containing J.C. Rideout's property. Inside of a jacket, a portion of a marijuana joint was found in a cigarette packet.
[ ] Sergeant Lamb interviewed J.C. Rideout, who denied knowledge of the marijuana, claiming that he had grabbed a jacket belonging to his friend, Jeremy Chacon, when he was arrested. Since J.C. Rideout had been arrested at his own residence, Sergeant Lamb inquired whether Jeremy Chacon could be found there. J.C. Rideout replied "no" and provided some vague directions to where Jeremy Chacon resided. Sergeant Lamb subsequently received information that a Justin Chacon was living at J.C. Rideout's residence. Sergeant Lamb suspected that J.C. Rideout may have confused names. Wanting to contact Jeremy Chacon before J.C. Rideout had an opportunity to do so, he asked Sheridan County Deputy Sheriffs Ryan Mulholland and Casey Cunningham to go by J.C. Rideout's residence, and if there was any activity, to contact the residents.
[ ] The deputies arrived at the residence at about 1:28 a.m. on February 17. The lights were on inside the residence and as the deputies exited their vehicle, they immediately recognized the smell of burnt marijuana. The odor became "more obvious" as they approached the residence. As they were climbing the stairs to the front door, the deputies observed through a picture window someone moving quickly from the dining room area in the front of the house toward the back. At the front door, the odor of burnt marijuana was "fairly strong." They knocked on the door but there was no answer. After the deputies knocked a second time, Scott Rideout opened the door, slipped o
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