Case stems from Casper drug arrest

High court throws out search from Casper drug arrest

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The Wyoming Supreme Court last week ruled a 2005 police search of a man's car in north Casper, which led to his guilty plea to a drug possession charge, violated the state's constitution

In a 4-1 decision, the justices reversed a lower court's denial of Daniel Ray Holman's motion to throw out evidence gathered in the search of his car in July 2005. The justices said they could find no facts indicating Holman's vehicle was searched to ensure officer safety nor that the officer who did the search had probable cause to believe drugs were in the vehicle.

Justice E. James Burke dissented from the majority, reasoning that Holman's arrest justified the search of his person and the area within his immediate control at the time.

The case stems from Holman's arrest near the North Casper ball fields. Police, following a report that he was acting suspiciously, stopped Holman as he drove away from the fields. He was arrested for driving with a suspended license, and after he was handcuffed and placed in the back of a patrol car, officers searched his car.

Officers found a plastic bag containing a small amount of methamphetamine in the car's center counsel, according to court records. His attorney filed a motion to throw out the evidence seized during the search, which a Natrona County District judge denied.

Holman entered a conditional guilty plea to methamphetamine possession, while reserving the right to appeal the district court's denial of his suppression motion. He received a suspended prison sentence of two to four years, along with three years of supervised probation.

The Supreme Court reversed another Natrona County court case last year. In a 3-2 decision, the justices ruled that a 2004 police search of a Casper man's station wagon, which turned up evidence of drug use, violated the state constitution.

Reach Joshua Wolfson at (307) 266-0582 or at josh.wolfson@trib.com.

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