Timeline

June 27: Rammell stopped by deputy

June 27: Deputy contacts brand inspector for advice

July 8: Affidavit and charges filed for five counts

Aug. 6: Rammell pleads not guilty

Oct. 15: Rammell files motion to suppress

Nov. 12: Hearing for motion to suppress

Dec. 9: Pretrial conference conducted

Dec. 10: Magistrate rules stop was “warrantless”

Jan. 14, 2020: Trial scheduled

A deputy’s

June 27 stop of a Rock Springs man who

was then cited for not having brand inspections

was an “unreasonable” and

“warrantless seizure,” according to the

Dec. 10 decision by a Sublette County

Circuit Court magistrate.

The order could have significant impacts

on how – and if – county deputies

check transported livestock for current

brand inspections and whether or not livestock

owners even have to allow a trailer

search under state law.

Deputy Ty Huffman, who saw a truck

pulling a horse trailer on a Sublette County

road, stopped Rex F. Rammell, of Rock

Springs. The deputy turned on his lights

and conducted a livestock check of five

horses, one a foal, according to the affidavit.

The stop resulted in five citations for

the Sweetwater County veterinarian for

failing to carry a brand inspection. Rammell,

who bought a Pinedale property earlier

this year for a veterinary clinic, said

he was bringing the horses to a pasture in

Sublette County.

Wyoming Statute 11-21-103(a) gives

any inspector, game warden or peace

officer the authority to stop, inspect and

search a livestock carrier, with or without

a warrant, to examine the owner’s permit

and the livestock inside.

With the Wyoming Livestock Board’s

tacit approval to help prevent theft, Sublette

County deputies have stopped people

with trailers to inspect livestock, citing

them if they are not carrying brand inspections.

This kind of stop constitutes

what is referred to as a “seizure.”

However, several questions arise that

might affect the Circuit Court’s order’s

viability.

Constitutionality

Rammell challenged the stop in Circuit

Court of Judge Curt Haws, who recused

himself and asked Magistrate Clayton

Kainer to take the case. Kainer signed an

oath of office and was appointed by Haws

as a magistrate in January, along with two

other magistrates. Circuit Court Clerk

Amy Knotts would not comment about

why the judge recused himself.

At Rammell’s Dec. 9 pretrial conference,

Kainer said he would rule by the

next morning on Rammell’s Oct. 15 motion

to suppress. Oral arguments were

made in a Nov. 12 hearing but Kainer still

had not ruled on the motion before the

pretrial conference.

Deputy County Attorney Stan Cannon,

who took over Rammell’s case,

said during the pretrial conference that

the deputy’s report and citations were all

that were needed to prosecute the misdemeanor

case.

In court, Rammell insisted that the June

27 stop was a violation of his state and

U.S. constitutional rights as a warrantless

search and seizure.

Cannon argued that Rammell wanted to

debate a larger issue of the constitutionality

of “a bad law” – not if he had broken

it. Rammell openly stated he had broken

it because the law was unconstitutional.

Magistrate Kainer noted in his ruling:

“The question of whether or not (the statute)

is constitutional or not was touched

upon by the parties during oral argument.

The question was not properly put before

the Court and accordingly is not at issue

in this matter.”

The magistrate ruled on Dec. 9 that he

would not restrict testimony of Rammell’s

proposed witnesses on that issue – including

Sheriff K.C. Lehr – until the trial.

“(Rammell) asserts in sum that the seizure

of his vehicle on June 27, 2019, by

law enforcement was not supported by

probable cause or reasonable suspicion,”

his order states. “At hearing, the State conceded

that based upon Deputy Huffman’s

report there was no reasonable suspicion

much less probable cause at the time Deputy

Huffman conducted the traffic stop of

(Rammell’s) vehicle, the state relies upon

Wyoming Statute 11-21-103(a).”

The magistrate explained how he interpreted

the prosecution’s view of the stop

as a “regulatory stop.” He cited pertinent

constitutional case law that a warrantless

stop must relate to commercial property

in a closely regulated industry and whose

operation poses a clear and significant

risk to public welfare.

“Deputy Huffman observed a pickup

truck with a trailer containing four to five

horses and turned his vehicle around to

conduct a ‘livestock inspection.’ There

is no evidence (the deputy) knew or suspected

that the driver, vehicle, trailer or

livestock were engaged in a commercial

activity,” Kainer wrote. “Deputy Huffman

merely observed a pickup pulling a

trailer with horses and decided to seize

the driver and vehicle.”

He cited the statute’s purpose as “a

theft detection and prevention statute.”

He continued, “Based on the foregoing,

the Court finds that the State has failed to

meet the burden imposed upon it by the

U.S. Constitution to demonstrate that the

warrantless seizure of (Rammell’s) vehicle

was not unreasonable. Accordingly,

any evidence obtained after Deputy Huffman

‘activated’ his lights was obtained

illegally and shall not be admissible at

trial.”

Rammell could not be reached for comment

before press time.

County responses

Sublette County Attorney Mike Crosson

said Wednesday that this order nullifies

the state’s evidence for a trial.

Options to proceed could include dismissing

the charges – but Crosson said

he is looking for a higher court’s “more

favorable” interpretation or at least clarification.

This might occur with a writ of review,

a motion to stay the order or a consultation

with the Wyoming Attorney General’s

Office.

“It appears to have (huge ramifications),

yes,” Crosson said. “Our officers

are acting on good faith on a statute enacted

by the Legislature.”

He disagreed with Kainer that the law’s

“constitutionality” is not part of the case

– “This case has always been about the

constitutionality issue.”

As for deputies continuing to stop and

search livestock trailers, Sublette County

Undersheriff Lance Gehlhausen also expressed

concern.

“We are still assessing the way it was

worded right now,” he said Thursday. “It

is definitely a concern for us. We are obviously

a huge ranching community and

we want to make sure the ranchers’ livestock

is safe and well taken care of.”

Magistrate role

A Circuit Court magistrate signs an

oath and is appointed by the presiding

judge, in this case Judge Haws.

A Wyoming magistrate must be an attorney

in good standing and if part-time,

can practice law privately if the private

practice does not conflict with court duties,

according to state law.

Kainer was Sublette County Attorney

for one term through 2018 and was replaced

by Crosson.

Knotts said Kainer and two other magistrates

took an oath of office in January.

As done in previous years, the proposed

list of recommended magistrates is submitted

to the Sublette County Clerk’s Office.

Knotts said the judge makes the list

and submits it to the county commissioners

every January and “they have never

raised an issue.”

However, according to the same state

law, the Board of Sublette County Commissioners

must approve a part-time magistrate’s

appointment.

Sublette County Clerk Carrie Long

confirmed Thursday no requests for Kainer’s

appointment as a magistrate have

come through her office since January.