Court Summaries, June 2021 WYBJ, Vol. 44 No. 3. 46
| Position | Vol. 44 3 Pg. 46 |
Anna Reeves Olson
Park Street Law Offices
Casper, Wyoming
Dillon Wayne Fuller v. State of Wyoming
S-20-0080 2
021WY 36
February 24, 2021
At 3:30 a.m., Sheriff Deputy Ryan Kellison observed a SUV with no visible registration traveling through Gillette. He activated his vehicle's lights and attempted to stop the SUV. The SUV did not stop, but rather sped up. The SUV then pulled into a single-story apartment complex. The driver jumped out of the vehicle, looked at Deputy Kellison, and ran into an apartment. Deputy Kellison called for back-up.
Back-up officers arrived several minutes later. Officers positioned themselves around the building while Deputy Kellison and other officers prepared to enter the apartment. After knocking and announcing their presence, the officers kicked in the door, found Dillon Fuller and arrested him. Deputy Kellison smelled "a strong odor of alcoholic beverage coming from Fuller's facial area" and the odor of burnt marijuana coming from his person. Another officer found marijuana and drug paraphernalia in plain view.
Fuller filed a motion to suppress the evidence found in the apartment pursuant to the 4th Amendment. The district court denied the motion finding that there were exigent circumstances, and the officers were in "hot pursuit" of Fuller. Fuller entered a conditional guilty plea and appealed.
On appeal, the Supreme Court reversed and noted that exigent circumstances exist "when there is compelling need for official action and no time to secure a warrant." Such circumstances include the need to engage in "hot pursuit" of a fleeing suspect. For the "hot pursuit" exception to apply, there must be "some sort of a chase" that is "immediate or continuous ... from the scene of a crime."
The Court held that the officers' entry into Fuller's apartment was neither a "pursuit" nor "hot." Deputy Kellison chased Fuller in his vehicle for four blocks and into an apartment complex. However, at the time the officers entered Fuller's apartment, the chase was no longer "immediate or continuous .. . from the scene of a crime" because it had been interrupted by Deputy Kellison's decision to call and wait for back-up. Although only 8-13 minutes passed from the time Kellison called for back-up and the officers' entry into Fuller's apartment, this "break" rendered Deputy Kellison's pursuit of Fuller neither "immediate" nor "continuous" from the scene of a crime.
The pursuit in this case was also not "hot." At the time the officers entered Fuller's apartment, there was no emergency requiring immediate police action. Fuller had not threatened Deputy Kellison or any other individual with physical harm. There was no indication Fuller was armed. Indeed, by retreating into his apartment, any danger he posed to the community by driving without a visible registration and in excess of the speed limit had dissipated.
Maxwell B. Schwartz v. State of Wyoming
S-20-0186
2021 WY 48
March 31, 2021
Sergeant Schmidt and Officers Jones and Zwiebel responded to an undefined emergency call in Douglas, Wyoming.They soon learned it was a stabbing. When the officers arrived, they approached the front door and looked into the home through a nearby window. Sergeant Schmidt saw a woman and two crying children who looked scared and heard a man screaming hysterically. While the officers were still outside, dispatch informed them that the call was for a shooting. Sergeant Schmidt announced himself and knocked on the door several times. Maxwell Schwartz ("Max") slid across the floor, unlocked the door, and then scooted back into the kitchen. All three officers entered the home with their guns drawn.
When Sergeant Schmidt entered the kitchen, he saw a body ("Joe") on the floor. Max and a woman named Kelsi Stotsky were nearby. Immediately, Sergeant Schmidt asked Max if he shot Joe, and Max told him no. When Sergeant Schmidt asked who had shot Joe, Max responded that Joe had shot himself. The other officers then left the kitchen to clear the rest of the house while Sergeant Schmidt remained in the kitchen with Max and Stotsky. Sergeant Schmidt asked if Max was on any drugs, and Stotsky responded he was high on methamphetamine.
Max was transported to the jail where he was advised of his Miranda rights. Max said he did not understand his rights and asked for an explanation; he was then re-advised of his rights. Max then waived his Miranda rights and spoke with the agents. During t he interrogation, Max was sometimes confused, and his answers included discussion of demons...
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