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O'BOYLE v. STATE

No. 04-125.

117 P.3d 401 (2005)

2005 WY 83

Kevin Francis O'BOYLE, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

July 28, 2005.

Attorney(s) appearing for the Case

Representing Appellant: Terry W. Mackey of Moriarity, Gooch, Badaruddin & Booke, LLC, Cheyenne, Wyoming; Scott A. Homar of Hickey & Evans, LLP, Cheyenne, Wyoming; and Shawna M. Geiger of Shawna Mackey Geiger, P.C., Greenwood Village, Colorado. Argument by Mr. Mackey.

Representing Appellee: Patrick J. Crank, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Georgia L. Tibbetts, Senior Assistant Attorney General. Argument by Ms. Tibbetts.

Before HILL, C.J., and GOLDEN, KITE, and VOIGT, JJ., and STEBNER, D.J., RET.

KITE, Justice.

[¶ 1] Kevin O'Boyle was stopped for speeding by the highway patrol on Interstate 80 near Cheyenne. After extensively questioning him in the patrol car, the trooper indicated Mr. O'Boyle was free to leave. As Mr. O'Boyle was returning to his vehicle, however, the trooper spoke to Mr. O'Boyle and obtained his agreement to further questioning and, ultimately, to a search of his vehicle. The trooper found...

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