Wyoming Supreme Court

Nicholas Damato, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)

January 29, 200364 P.3d 700

Summary

The court held that the traffic stop was initially lawful because the officer observed speeding, but that the subsequent pat-down and continued detention violated the Fourth Amendment. The officers lacked an objectively reasonable suspicion sufficient to prolong the stop for a canine sniff, and the evidence obtained from the pat-down and subsequent investigation had to be suppressed. The court reversed the denial of suppression and remanded so Damato could withdraw his conditional guilty plea. Hill, Chief Justice, dissenting, would have upheld the detention, pat-down, and inevitable-discovery rationale.