O'BOYLE v. State

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 approximately five pounds of marijuana in the vehicle.

[¶ 2] Prior to trial, Mr. O’Boyle filed a motion to suppress the evidence seized in the search, claiming that his rights were…