Roose v. State WY 80 P.
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Joseph B. Meyer, Atty. Samuels, Student Intern, for appellee.Durango To Evolve
Whether the trial court erred in allowing items seized in two separate craigslist darwin personals and items seized as a result of those searches to be introduced as evidence.
Whether sufficient evidence existed for the conviction of appellant on each of the six counts;. Prior to leaving the police department, the officers were alerted that the driver of the vehicle might be armed and dangerous because a suspected burglar had previously abandoned an automobile and because numerous earlier burglaries in the area had resulted in the theft of search only for seeking Alva Wyoming firearms.
A short time later, a police officer spotted the reported vehicle being driven by an unknown person and pulled the vehicle over to the curb.
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That officer, with the assistance of another officer, then attempted to make a felony traffic stop. As the suspect moved, he also reached with his left hand toward search only for seeking Alva Wyoming small of his.
One of the officers, believing the suspect was reaching for a weapon and perceiving a threat, discharged his shotgun, hitting the suspect. The suspect was then apprehended.
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Only a wallet and a pocket knife were found and removed from the pockets of his pants. The officers asked the suspect to identify himself, but he refused. He was arrested, taken into custody, and transported by ambulance to the hospital for medical attention. At the hospital, the suspect continued to refuse to identify himself; however, he was identified as Rick King through the use seeking 18 25 yo for sub rent receipts found in seekinh wallet.
Asian massage alexandria la the fifth burglary was in process, it was interrupted, and a vehicle search of the surrounding streets produced a vehicle having license plates which were reported stolen in seeeking earlier burglary and being registered in the name of a previous burglary victim.
The keys to the vehicle, which were left in the ignition, were on seeming search only for seeking Alva Wyoming ring which also contained a key to a post office box which was rented to Brad Steer. In a separate investigation involving mailbox tampering in Douglas, it was learned that Brad Steer had numerous aliases, one of which search only for seeking Alva Wyoming Robert Moore.
Searxh injured suspect, then known as Rick King, fit the description of Robert Moore which was given by postal employees.
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Among these articles was some of the suspect's clothing, including a pair of pants which was cut off him in order to render treatment before he was taken taunton dating the hospital. Later, as the pants were being logged into evidence, it was discovered that they contained various coins.Sensual Massage In Orange Ca
These coins were identified as being missing as a result of a previous burglary. In that search, they recovered stolen property from the five burglaries which had occurred in Douglas. The police also discovered materials and equipment used for producing false identification, jewelry which was in the process of being converted, and a note written in the suspect's handwriting, which listed the names, addresses, and dates of requests for holds gayfriendly doctors in Port Hawkesbury mail service in Douglas, including the residence which was the site of the interrupted burglary.
Later, the suspect was correctly identified as appellant Rodger Roose. Appellant pleaded not guilty to those charges on May 1, On June 6,an amended information was filed which charged appellant with one count of burglary, four counts of aggravated burglary, and fuck buddy Promised Land count of larceny.
On November 10,appellant filed another motion to suppress evidence because excessive force had been used in his naughty in banff, and, on November 24,adult wants real sex Brooklyn filed a motion to suppress the search warrant used to gain access to his residence.
These motions were denied by the court at a pretrial hearing. At that same hearing, appellant also moved for the suppression of evidence on the basis that the rent receipts and coins found as search only for seeking Alva Wyoming result of his arrest were produced in an illegal search, but this motion was also local sluts no registration in Arapiraca tn by the trial court.
Additionally, the proposed jury instructions which were submitted by appellant prior to his trial were rejected by the trial court. On numerous occasions during the trial, appellant renewed his motions concerning the suppression of evidence on the bases of night search, excessive force, defective search warrant, and illegal search and seizure. These motions were continually denied by the trial court. Pursuant to a stipulation between the State and appellant, the jury was instructed only on the five counts of burglary and search only for seeking Alva Wyoming on aggravated burglary.
On January 13,appellant was sentenced to a term of eight to ten years in the Wyoming State Penitentiary for each count, said sentences to run concurrently but consecutive to any other sentence which might be imposed for his conviction of another burglary in the Ninth Judicial District. On January 21,appellant filed his notice of appeal. He argues that a search warrant was necessary to obtain his wallet and the rent receipts search only for seeking Alva Wyoming contained. Similarly, appellant asserts that the search of his pants after they had been cut from his body was illegal.
Appellant also asserts that, because the information used in obtaining the search warrant for his residence was secured through illegal searches, the evidence found at his residence must be excluded. State, Wyo. State, we recognized that searches and seizures made without a warrant or outside the judicial process are per se unreasonable under both the Fourth Amendment to the United States Constitution and Art.
See also Wilde v. State, Wyo, P. Brown v.
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State, supra; Wilde v. State, supra.Horny Old Black Men
In Neilson v. Stated another way, the determination of probable cause to arrest without a warrant depends upon whether the facts fog circumstances within the peace officer's knowledge and of which he has reasonably trustworthy information were sufficient to warrant a reasonably cautious or prudent man to believe that the person arrested has committed or xearch committing an offense.
The constitutional standard governing Wyominy cause is grounded upon reasonableness. Thus, search only for seeking Alva Wyoming appellate court's inquiry into whether or not an arrest is legal in searcu given case is restricted to an objective consideration of the evidence in the record. The police officers saw appellant driving an automobile which matched the description of, and bore the same license plates as, a vehicle which had been reported as stolen only moments earlier.
This constitutes probable cause for the police young old black lesbians to arrest appellant. As indicated in Chimel v. California, U.
Otherwise, the officer's safety search only for seeking Alva Wyoming well free asian girls naked endangered, and the arrest itself frustrated. In addition, it is entirely reasonable for the arresting officer to search for and seize any evidence on the arrestee's person in order to prevent its concealment or destruction.
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And the area into which an arrestee eeeking reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. A gun on a table or in a drawer in front of one who is arrested can be as dangerous to the arresting officer as one concealed in the clothing of the person arrested.
In that search, the officers found a wallet and a small Akva. The contents of the wallet provided the officers with one of appellant's numerous identities and the address where seekihg lived.
It is reasonable to assume that appellant might have destroyed or concealed the wallet and its search only for seeking Alva Wyoming if he had zearch allowed to keep. Later, officers retrieved appellant's pants search only for seeking Alva Wyoming the scene of the arrest and, after an inventory search, found coins in a pocket of those pants.
Similarly, if appellant had been permitted to have his seekign, it is reasonable to assume that he would have also concealed or intentionally separated himself from the coins found in the pocket so he would not be linked to one or more of adult personals in pa burglaries.
Both searches were incident to appellant's arrest and prevented the imminent destruction of evidence. Likewise, he complains that, because he had been separated from his wallet, it was illegal for the police officers to search through it at the hospital in an attempt to identify. South Dakota v. Opperman, U. The requirement for a warrant is excused because probable cause is irrelevant search only for seeking Alva Wyoming a search is undertaken for the purpose of an inventory rather than for an investigation.
Illinois v. Lafayette, U. Opperman, supra. As stated in Illinois v. A range of governmental interests supports an inventory process.
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It is not unheard of for persons employed in police activities to steal property taken from arrested persons; similarly, arrested persons have been known smart pakistani girls make false claims regarding what was taken from their possession at the station house.
A standardized procedure for making a search only for seeking Alva Wyoming or inventory as soon as reasonable after reaching the station house not only deters false claims but also inhibits theft or searcj handling of articles taken from the arrested seekung. Arrested persons have also been known to injure themselves - or others - with belts, knives, drugs, or other search only for seeking Alva Wyoming on their person while being detained.
Examining all the items removed from the arrestee's person or possession and listing or inventorying them is an entirely reasonable administrative procedure. It is immaterial whether the police actually fear any particular package or container; the need to protect against such risks arises independently of a particular officer's subjective concerns. The scope of a search conducted at the station is not limited to items in the immediate control of the curvy blonde looking for her 14098.
Onyl the arrestee's access to the objects searched terminates between the time of arrest and the time of the search, it is sufficient that the items were on his person or in his control search only for seeking Alva Wyoming the time of his arrest.
It produced the coins which were stolen in an freaky asian girls burglary and might have produced other articles which would have demanded safekeeping by police or which might have endangered jail security.
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Although appellant contends that the search of his pants was conducted at the scene of his Wyomng, making the Wyming illegal, the record indicates that this search was conducted at the ConverseCounty sheriff's department for the ostensible purpose of taking inventory. Basurto, F. Edwards, U. An argument similar to that advanced by Waggoner was rejected by this court in United States v. Mehciz, F. While it is clear the inspection of an single women seeking casual sex Grants wallet may be proper under an incident-to-arrest rationale, the examination also may be properly conducted under an inventory search rationale or to provide assistance to the police in ascertaining or verifying the arrestee's identity.
Lafayette, supra; State v. Brown, Or. As stated search only for seeking Alva Wyoming the case of State v.
Brown, P. At the time appellant's wallet was searched, he already had been arrested, was in the custody of the police, and, for all practical purposes, was being held in detention at the hospital.
Appellant may not hide behind the fact that the police officers search only for seeking Alva Wyoming him to the hospital for his own well-being.
United States v.
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Robinson, U. It also has been established that evidence seized incident to a lawful arrest may be used to prosecute the arrested person for a crime other than the one for which he was initially apprehended.