Wyoming Supreme Court

Kevin Francis O’boyle, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)

July 28, 20052005 Wyo. LEXIS 97

Summary

The court reversed the denial of O’Boyle’s suppression motion, holding that the trooper’s extensive questioning during a speeding stop unreasonably expanded the detention under both the Wyoming Constitution and the Fourth Amendment. Because the subsequent questioning and vehicle search followed the unconstitutional detention and O’Boyle’s acquiescence was not sufficiently voluntary, the marijuana was inadmissible as fruit of the poisonous tree. The case was remanded to permit withdrawal of the conditional guilty plea.