WY: Car that did not stop was not “stopped” or seized for Fourth Amendment purposes

The trial court held that defendant was unlawfully stopped when he refused to stop for the officer’s flashing lights. There was no stop until defendant stopped, so the case is remanded for further fact finding. State v. Holohan, 2012 WY 23, 270 P.3d 693 (2012).

The state showed probable cause for the search warrant for defendant’s car and house in a shooting case. [Not a great amount of evidence, but enough for probable cause: matching car color, matching gun.] Robinson v. State, 368 S.W.3d 588 (Tex. App. – Austin 2012)*:

In particular, with regard to Robinson’s home and SUV, the affidavits state the following: (1) “a neighbor saw a black SUV drive away very fast” after the shooting; (2) Robinson’s girlfriend “owns a small, black, SUV”; (3) an officer previously noted that Robinson kept a .38 caliber revolver in his home; (4) the bullets that were recovered from the crime scene were consistent with that of a .38 or .357 caliber revolver; and (5) the affiant’s experience in criminal investigations leads him to “believe that items capable of collecting saturated blood [and other evidence], including but not limited to clothing, vehicle upholstery, carpet, [and] floor mats are located” in Robinson’s home and SUV.