concurring in result only.
I am able to concur in the result because conviction was a foregone conclusion once the marijuana was properly admitted. However, it is inconceivable that one caught by police holding the bag, as it were, of marijuana could believe they were free to go. Such a belief would be tantamount to the burglar, caught by police busily collecting booty in a wheelbarrow, thinking he was free to go. See Wayt v. State, 912 P.2d 1106 (Wyo. 1996).
In this instance, rather than advising appellant of his constitutional rights via Miranda and assuring the use of any statements he made in court, the officers chose to question appellant first and transfer the responsibility of admissibility to the court. After hours of preparing motions, conducting evidentiary hearings, presenting briefs and arguments, the courts found appellant’s rights were not violated, a function officers could have performed in 30 seconds by advising him of his rights after they found the marijuana and before they questioned appellant.