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628 P.2d 1369 Wyoming Supreme Court June 3, 1981 No. 5299
Unable to, he returned to ask the suspects who owned the car. Dennis Parkhurst stated that he did. Dekmar requested permission to search the car.
Dennis’ reply was that he was no lawyer, but Derrick told him to go ahead and let the police search the car.
Here the evidence was (1) the police officer asked Dennis if he could search the car; (2) Dennis replied he was not a lawyer; (3) Dennis was urged by his brother, Derrick, to go ahead and let the police officer make the search; (4)
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599 P.2d 1326 Wyoming Supreme Court August 23, 1979 No. 5073
"`Having thus established that contraband goods concealed and illegally transported in an automobile or other vehicle may be searched for without a warrant, we come now to consider under what circumstances such search may be made.
Where this is true, as in Carroll and the case before us now, if an effective search is to be made at any time, either the search must be made immediately without a warrant or the car itself must be seized and held without a warrant
of an automobile may be legal without an arrest, the basis for the probable cause for such search may be the same as that for probable cause for an arrest without a warrant.
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874 P.2d 215 Wyoming Supreme Court April 18, 1994 No. 92-111
The local police searched the car because the driver was an off-duty police officer from another jurisdiction and local police reasonably believed the officer’s service revolver would be a hazard if left in the trunk of the abandoned
car.
To put an extreme case, the police may in purely precatory language request a person to give information.
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946 P.2d 805 Wyoming Supreme Court October 21, 1997 No. 96-249
ISSUES Borgwardt presents two related issues for our review: *806 ISSUE I The evidence obtained during the war-rantless search of [Borgwardt]’s vehicle should have been suppressed as it was obtained without a warrant and does
The police may, therefore, search an automobile without having a warrant when they have probable cause to believe that the ear contains evidence of a crime or contraband.
Since we have concluded that probable cause supported the .war-rantless search of the car without taking into account Agent Hughes’s observation of the marihuana, we do not need to determine whether the search was proper under the
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990 P.2d 476 Wyoming Supreme Court November 16, 1999 No. 97-140
with or without a warrant.
He appealed, claiming the search required a warrant, and we upheld it as a permissible warrantless automobile search incident to arrest without discussion of its scope.
Miranda warnings require police to inform an accused during custodial interrogation that he may remain silent, that anything said may be used against him in court, and that he is entitled to an attorney, either retained or appointed
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665 P.2d 471 Wyoming Supreme Court June 10, 1983 Nos. 5781, 5782
Immediately following appellant’s arrest the police obtained a warrant to more thoroughly search appellant’s car. Their search of the car turned up more incriminating evidence that was also used against him.
We concern ourselves with the affidavit presented in support of the police request for a search warrant to make a more thorough search of appellant’s car.
The warrant recited exactly what police had sought to search for in their affidavit.
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2005 WY 83, 117 P.3d 401 Wyoming Supreme Court July 28, 2005 No. 04-125
In reviewing past decisions, however, we found that a search of an automobile without a warrant was reasonable under some circumstances.
State, 994 S.W.2d 927, 932, n. 1 (Tex.Crim.App.1999) (police officer testified that he asked for consent to search every car he stopped, regardless of suspicion).
Another police officer testified that he routinely requested permission to search any car he stopped for a traffic violation; in one year he requested consent to search 786 times. Ohio v.
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552 P.2d 1245 Wyoming Supreme Court July 20, 1976 No. 4480
United States, supra, where the smell of opium coming from a closed room was not enough to support an arrest and search without a warrant.
And while a search *1257 without a warrant is, within limits, permissible if incident to a lawful arrest, if an arrest without a warrant is to support an incidental search, it must he made with probable cause. Carroll v.
“Arrests without warrant. — (a) A peace officer may arrest a person without a warrant and detain him until a legal warrant can he obtained when: “(i) Any criminal offense is being committed in his presence by the person to be arrested
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910 P.2d 561 Wyoming Supreme Court January 22, 1996 No. 95-23
Since he believes the car was “immobilized,” no exigency supported the need for an immediate search and the police should have obtained a warrant.
In Hunter , the claimant challenged the warrantless search of a car held by police and known to be stolen and the warrantless search of containers in that car.
Where this is true, as in Carroll and the ease before us now, if an effective search is to be made at any time, either the search must be made immediately without a warrant or the car itself must be seized and held without a warrant
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944 P.2d 1168 Wyoming Supreme Court September 19, 1997 No. 96-196
Was the arrest of Appellant unlawful because it was made without a warrant and without probable cause in violation of the Fourth Amendment to the United States Constitution and Article 1, Section 4 of the Wyoming Constitution?
The crucial issue remaining is whether at the time the police ordered Brown out of the car at gunpoint they transformed the traffic stop into an arrest without probable cause.
In holding that police officers may draw their weapons without transforming an otherwise valid Terry stop into an arrest, the court stated: While Terry stops generally must be fairly nonintrusive, officers may take necessary
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2003 WY 13, 64 P.3d 700 Wyoming Supreme Court January 29, 2003 No. 01-88
"[I]n justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion."
In that regard, the Court states that an officer may remove occupants from the vehicle and may conduct a pat-down search if he or she harbors an articulable and reasonable suspicion that the person is armed and dangerous.
The police officer admitted that he acted without a reasonable suspicion of possible criminal conduct. Id. at 222 .
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956 P.2d 359 Wyoming Supreme Court April 2, 1998 No. 97-175
If a valid consent existed, whether or not the police exceeded the scope of the search. C. Whether or not there existed exigent circumstances justifying a warrant-less search.
Sheriff’s Dept[.] of my CONSTITUTIONAL RIGHTS not to have a search made of the premises and property owned by me and/or under my care, custody, and control, without a search warrant.
This written permission to search without a search warrant is given by me to the above officer(s) voluntarily and without any threats or promises of any kind, at 1312 hrs/l:12 p.m. on this 11 day of August 1996, at Fox Farm & Medicine
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854 P.2d 688 Wyoming Supreme Court June 11, 1993 No. 92-65
That officer then asked Collins to empty his pockets onto the hood of the police car.
numbers written on them, was subjected to a pat-down and search of his car, revealing drugs.
The court held that even though the defendant may have matched a "drug courier profile" this was not enough to warrant a search or seizure and that "[w]ithout more, the attributes that the State claims were suspicious about Derricott's
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669 P.2d 935 Wyoming Supreme Court September 28, 1983 No. 83-20
Thus, so long as their initial intrusion is justified, the police while within the legitimate scope of their entry may search the premises with their eyes.
Without a warrant issued by a magistrate upon a showing of probable cause, searches and seizures are per se unreasonable. Steagald v. United States, supra.
In other words, plain view may give a police officer the probable cause necessary for a warrant to issue but that by itself is not enough for the seizure of evidence.
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2004 WY 125, 99 P.3d 987 Wyoming Supreme Court October 29, 2004 No. 03-99
the privacy of its contents because it may only be opened pursuant to either a search warrant ... or one of the well-delineated exceptions to the warrant requirement." - Horton v.
Morgan, 744 F.2d 1215, 1222 (6th Cir.1984) (police may open bottle without a warrant where label on bottle made it apparent that the bottle contained contraband). ...
In other words, if "police have probable cause to search a car, they need not get a search warrant first even if they have time and opportunity." Ludwig, 10 F.3d at 1528 . See generally also State v.
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691 P.2d 253 Wyoming Supreme Court November 29, 1984 Nos. 83-261, 84-13
The record reflects the following: On May 6, 1983, officers of the Casper Police Department initiated an undercover drug operation.
The general rule prohibits search of a person’s home without a warrant. Payton v. New York, 445 U.S. 573 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 (1980).
Due to the “administrative delay,” a search warrant was not issued until some nineteen hours after the entry. The agents waited in the apartment and searched it after the warrant was obtained.
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718 P.2d 41 Wyoming Supreme Court April 25, 1986 No. 85-163
of a car not belonging to petitioner did not violate petitioner’s rights, so it was unnecessary to decide whether the search may have violated someone else’s rights.
State, Wyo., 669 P.2d 935 (1983), for his search and seizure argument. There, exigent circumstances were found to justify the search of a residence without a warrant at the scene of a murder.
Plain view of the scene gave the police probable cause to obtain a search warrant; however, the police proceeded without one.
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2002 WY 45, 43 P.3d 80 Wyoming Supreme Court March 28, 2002 No. 00-235
[155] The appellant contends that this warrantless search of his wallet was not justified by any exception to the constitutional requirement for a warrant.
Counsel's deficiency was the failure to file a motion to suppress evidence seized without a warrant under circumstances not fitting one of the exceptions to the warrant requirement. Dickeson, 843 P.2d at 613 .
[175] During the weapons search, the officer located the appellant's wallet, which he placed on the hood of the patrol car.
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695 P.2d 1021 Wyoming Supreme Court February 21, 1985 No. 84-24
Riekens then asked for permission to search Amin’s car and “may have said that I [she] wanted to look for a weapon.” Appellant gave oral permission for a search and then signed a form entitled, “Waiver of Search Warrant.”
Appellant does not contend that the police officers exceeded the limits of the “Waiver of Search Warrant.”
Police officers may not procure a waiver of search warrant on the representation that they are looking for certain named items and then use that consent as a license to conduct a general search for whatever might be discovered.
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873 P.2d 601 Wyoming Supreme Court April 27, 1994 Nos. 92-191, 92-192
The two cars, a cream-colored car without license plates and a pickup which was closely following it, appeared to be traveling together.
"Once the driver has produced a valid license and proof that he is entitled to operate the car, `he must be allowed to proceed on his way, without being subject to further delay by police for additional questioning.'"
The police officer admitted that he acted without a reasonable suspicion of possible criminal conduct. Id. at 222 .
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