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PHELPS v. STATE

Nos. S-11-0215, S-11-0216.

278 P.3d 1148 (2012)

2012 WY 87

Bryan Ellis PHELPS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). Justin Lindale Fitch, Appellant (Defendant), v. The State of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

June 19, 2012.

Attorney(s) appearing for the Case

Representing Appellants: Dion J. Custis of Dion J. Custis, PC, Cheyenne, Wyoming.

Representing Appellee: Gregory A. Phillips , Attorney General; David L. Delicath , Deputy Attorney General; D. Michael Pauling , Senior Assistant Attorney General; Justin A. Daraie , Assistant Attorney General. Argument by Mr. Daraie .

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

KITE, Chief Justice.

[¶ 1] A Wyoming Highway Patrol trooper stopped Bryan Ellis Phelps and Justin Lindale Fitch for a traffic violation, detained them, conducted a drug dog sniff of their vehicle and, after the dog alerted to the presence of controlled substances, searched the vehicle and found marijuana. Messrs. Phelps and Fitch were each charged with three felonies. They moved to suppress the evidence seized during the search and the district court denied the...

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