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WY Crim law/pro
Barbri Review
| Question | Answer |
|---|---|
| WY- Other Defenses; Outrageous gov't conduct | Focuses purely on conduct of gov't, NOT D; Defense available when police conduct "violative of fundamental fairness and shocking to universal sense of injustice" mandated by due process "Mondello" |
| WY- Other Defenses; Alibi | Notice of defense is required; D may testify as to the alibi |
| WY- Offenses Against the Person; Assault and battery: Battery | Intentionally, knowingly, recklessly causes bodily injury to another person by use of physical force [6-2-501(b)]; Elevated penalties exist for 2nd/subsequent cases against members of house [6-2-501(e)(f)] |
| WY- Offenses Against the Person; Assault and battery: Battery, "Unlawful contact" | Crime of unlawful contact when touch another person in rude, insolent, or angry manner w/o intentionally using sufficient physical force to cause bodily injury [6-2-501(g)] |
| WY- Offenses Against the Person; Assault and battery: Aggravated Battery [6-2-502]- 1. | Guilty of aggravated assault/battery if- 1. Intentionally/knowingly/recklessly, circumstances of manifesting extreme indifference to value of human life, causes (attempts) serious bodily injury to another; |
| WY- Offenses Against the Person; Assault and battery: Aggravated Battery [6-2-502]- 2. | 2. Attempts to cause/Intentionally or knowingly causes, bodily injury to another w/deadly weapon; |
| WY- Offenses Against the Person; Assault and battery: Aggravated Battery [6-2-502]- 3. | 3. Threatens to use drawn weapon on another, unless reasonably necessary in defense of person/property/abode or preventing seriously bodily injury of another; |
| WY- Offenses Against the Person; Assault and battery: Aggravated Battery [6-2-502]- 4. | 4. Intentionally/knowingly/recklessly causes bodily injury to woman who person knows pregnant |
| WY- Offenses Against the Person; Assault and battery: Assault | Unlawful attempt to commit battery coupled with present ability to succeed [6-2-501(a)] |
| WY- Offenses Against the Person; Assault and battery: Assault, "Reckless endangering offenses" | Crime when recklessly endanger another by placing person in danger of death/serious bodily injury, OR knowingly points a firearm in direction of another (not self-defense) even if person does not believe loaded [6-2-504] |
| WY- Offenses Against the Person; Assault and battery: Assault, "Reckless endangering offenses"- Water crafts | Unlawful to operate watercraft so as to be indifferent to another or to endanger another party [41-13-203 through 204] |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications | WY classifies homicide into first degree murder, second degree murder, manslaughter, and drug-induced homicide [6-2-101 through 108] |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- First degree murder, First type | Person may be convicted in two cases- 1. Person kills another purposely and with premeditated malice, a. Specific intent crime, OR |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- First degree murder, Second type | 2. Person kills another in perpetration (attempt) of any sexual assault, arson, robbery, burglary, escape, resisting arrest, kidnapping, abuse of child under 16, a. This is felony murder |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Felony murder | Killing committed during course of certain felonies first degree murder; However, if unlisted crime then second degree or manslaughter |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Felony murder, Aggravating circumstances | Murder connected w/other violent felonies is aggravating circumstance only when premeditation present; If underlying felony used to convict D, elements of underlying felony may not again be used as aggravating factor in sentencing phase [6-2-102(h)(xii)] |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Felony murder, Mitigating circumstances | If D was accomplice in murder committed by another person, and participation in killing was minor, then mitigating when used determining whether D should be sentenced to death "Cook" |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Felony murder, Double jeopardy | Imposition of multiple punishments for felony murder and underlying felony is impermissible and violates double jeopardy clause of US and WY constitution |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Second degree murder | Person purposely and maliciously, but w/o premeditation kill another human being [6-2-104]; General intent crime requiring proof of acting purposely or voluntarily, not deliberate "Stone" |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Second degree murder, Malice | Intentionally killing another w/o legal justification or excuse under insufficient circumstances to reduce crime to manslaughter "Braley" |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Manslaughter | Person unlawfully kills any human being, w/o malice, voluntarily in sudden heat of passion, OR involuntarily, but recklessly (except homicide by vehicle) [6-2-105]; Voluntary manslaughter is lesser included offense of second degree murder |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Criminally negligent homicide | Person causes death of another by conduct amounting to negligence (except homicide by vehicle) [6-2-107] |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Criminally negligent homicide, Negligent homicide v. Involuntary manslaughter | Ask- Whether D consciously disregarded substantial and unjustified risk (acted recklessly, 6-1-104(a)(ix)) or whether failed to perceive risk [6-1-104(a)(iii)] |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Homicide by vehicle | Person proximately causes death of another by operating vehicle in criminally negligent manner [6-2-106(a)] |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Homicide by vehicle, Aggravated homicide by vehicle | More serious charge of aggravated homicide by vehicle occurs when person proximately causes death of another by reckless operation of motor vehicle or by driving vehicle while intoxicated [6-2-106(b)] |
| WY- Offenses Against the Person; Homicide; Statutory modification of common law classification: WY modifications- Drug induced homicide | Person- 1. Unlawfully delivers controlled substance to minor, and 2. Minor dies as result of using controlled substance; Punishable by imprisonment for not more than 20 years [6-2-108] |
| WY- Offenses Against the Person; False imprisonment | Occurs when person knowingly and unlawfully restrains another, thereby interfering substantially w/that person's liberty [6-2-203] |
| WY- Offenses Against the Person; Kidnapping | Person unlawfully removes another from his place of residence/business or from vicinity in which he was at time of removal, or unlawfully confines another person w/intent to- |
| WY- Offenses Against the Person; Kidnapping: Intent | 1. Receive ransom, 2. Use that person as hostage, 3. Facilitate felony, 4. Infliction bodily injury, or 5. Terrorize victim r another |
| WY- Offenses Against the Person; Kidnapping: Unlawful re removal/confinement | If accomplished by force, threat, deception or w/o consent of parent or guardian of child under age of 14 or person who adjudicated incompetent [6-2-201]; Confinement need not be for substantial time "Doud" |
| WY- Offenses Against the Person; Kidnapping: Required movement | Theory of movement (not confinement), then must be to different location that is substantial distance from place where victim originally located "Keene" |
| WY- Offenses Against the Person; Kidnapping: Relationship to other offenses | Remove from "vicinity where he at time of removal" = more than moving from one room to another w/in same building "Keene"; "Unlawfully confines person w/intent to facilitate commission of felony" = require only confinement w/requisite intent "Darrow" |
| WY- Offenses Against the Person; Felonious restraint | Person knowingly restrains another, unlawfully exposing other person to risk of serious bodily injury, or holds another in involuntary servitude [6-2-202]; Risk of serious bodily injury distinguishes from false imprisonment "Williams" |
| WY- Offenses Against the Person; Interference w/custody | Person having no privilege to do so, knowingly takes or entices minor from minor's person entitled to custody [6-2-204] |
| WY- Offenses Against the Person; Interference w/custody: Felony | 1. D not parent or equivalent, or 2. D parent & knowingly conceals/harbors child, refuses to reveal location of child to other parent/guardian/custodian; Right to prosecute out-of-state parent even though child nor offending parent ever been in WY "Rios |
| WY- Offenses Against the Person; Interference w/custody: Affirmative defenses | D, w/o intent to commit criminal offense with or against child, committed action b/c 1) necessary to protect child, or 2) child was older than 14 and taken or not returned at child's request |
| WY- Sex offenses; Sex offenses under WY's penal code: Definitions under 6-2-301, Sexual contact | Touching, w/intention of sexual arousal, gratification/abuse, of victim intimate parts by actor, or actor's intimate parts by victim, or of clothing covering immediate area of victim's or actor's intimate parts |
| WY- Sex offenses; Sex offenses under WY's penal code: Definitions under 6-2-301, Sexual intrusion- 1. | Any intrusion, however slight, by object or part of person's body, except mouth/tongue/penis, into genital/anal opening of another's body if sexual intrusion can reasonably be construed as being for purpose of sexual arousal/gratification/abuse, OR |
| WY- Sex offenses; Sex offenses under WY's penal code: Definitions under 6-2-301, Sexual intrusion- 2. | Sexual intercourse, cunnilingus, fellatio, analingus, or anal intercourse, w or w/o omission |
| WY- Sex offenses; Sex offenses under WY's penal code: First degree sexual assault [6-2-302] | Sexual intrusion on victim is first degree sexual assault if- |
| WY- Sex offenses; Sex offenses under WY's penal code: First degree sexual assault, 1. | Actor causes submission of victim by physical force or forcible confinement, OR |
| WY- Sex offenses; Sex offenses under WY's penal code: First degree sexual assault, 2. | Actor causes submission of victim by threat of death, seriously bodily injury, extreme physical pain, or kidnapping and victim reasonably believes act has present ability to execute theses threats, OR |
| WY- Sex offenses; Sex offenses under WY's penal code: First degree sexual assault, 3. | Victim is physically helpless, and actor knows that victim is physically helpless, and victim has not consented, OR |
| WY- Sex offenses; Sex offenses under WY's penal code: First degree sexual assault, 4. | Actor knows that, due to mental deficiency, developmental disability, or mental illness, victim cannot apprise nature of victim's conduct |
| WY- Sex offenses; Sex offenses under WY's penal code: First degree sexual assault, Defense | Consent is defense |
| WY- Sex offenses; Sex offenses under WY's penal code: Second degree sexual assault [6-2-303] | Any actor who inflicts sexual intrusion on victim commits second degree sexual assault if, under circumstances not constituting first degree, the actor- |
| WY- Sex offenses; Sex offenses under WY's penal code: Second degree sexual assault, 1. | Causes submission of victim by threatening or retaliate in future against victim or victim's family, and victim reasonably believes actor will execute threat, OR (Retaliate threat- kidnapping, death, serious bodily injury, extreme physical pain) |
| WY- Sex offenses; Sex offenses under WY's penal code: Second degree sexual assault, 2. | Causes submission of victim by any means that would prevent resistance by victim of ordinary resolution, OR |
| WY- Sex offenses; Sex offenses under WY's penal code: Second degree sexual assault, 3. | Administers/knows someone else has administered w/o prior knowledge or consent of victim, any substance that substantially impairs victim's power to appraise or control her conduct, OR |
| WY- Sex offenses; Sex offenses under WY's penal code: Second degree sexual assault, 4. | Know/reasonably should know that victim submits while erroneously believing that actor is victim's spouse, OR |
| WY- Sex offenses; Sex offenses under WY's penal code: Second degree sexual assault, 5. | Is in position of authority over victim and uses position to cause victim to submit, OR |
| WY- Sex offenses; Sex offenses under WY's penal code: Second degree sexual assault, 6. | Inflicts sexual intrusion in treatment or examination of victim for purposes or in manner substantially inconsistent w/reasonably medical practices, OR |
| WY- Sex offenses; Sex offenses under WY's penal code: Second degree sexual assault, 7. | Subject person to sexual contact, and causes serious bodily injury to victim under circumstances listed in above or in first degree sexual assault statute |
| WY- Sex offenses; Sex offenses under WY's penal code: Second degree sexual assault, Defenses | Consent is NOT a defense |
| WY- Sex offenses; Sex offenses under WY's penal code: Third degree sexual assault | Under circumstances not constituting first/second degree, subjects victim to sexual contact under any circumstances listed for first and second degree, w/o inflicting sexual intrusion on victim and w/o causing serious bodily injury to victim [6-2-304] |
| WY- Sex offenses; Sex offenses under WY's penal code: Sexual abuse of a minor, First degree [6-2-314] | 1. 16 yrs or older, inflict sexual intrusion on under 13, 2. 18 yrs or older, inflict sexual intrusion on under 18 & actor legal guardian/(step)parent/blood relative, 3. 18 yrs or older, inflict sexual intrusion on under 16 & actor position of authorit |
| WY- Sex offenses; Sex offenses under WY's penal code: Sexual abuse of a minor, Second degree [6-2-315] | 1. 17 or older, sexual intrusion on 13-15 & 4 yrs younger; 2. 16 or older, sexual contact on under 13; 3. 18 or older, sexual contact on under 18 & legal guardian/parent/blood relative; 4. 18 or older, sexual contact on under 16 & position of authority |
| WY- Sex offenses; Sex offenses under WY's penal code: Sexual abuse of a minor, Third degree [6-2-316] | 1)17/older, sexual contact w/13-15 & 4 younger; 2)20/older, sexual intrusion w/16-17, 4 younger & position of authority; 3)16, sexual intrusion w/under 13 & 3 younger, 4)17/older, knowingly takes immodest/immoral liberties of 17 & 4 younger |
| WY- Sex offenses; Sex offenses under WY's penal code: Sexual abuse of a minor, Fourth degree [6-2-317] | 1. Being younger than 16, sexual contact w/under 14, and 3 yrs younger, 2. 20 or older, sexual contact 16-17, 4 yrs younger, and position of authority |
| WY- Sex offenses; Sex offenses under WY's penal code: Criminality of conduct, Victim's age [6-2-308] | If criminality depends on victim being under 16, affirmative defense D reasonably believed victim 16 or older; If criminality depends on under 14, not defense D did not know or reasonably believed older |
| WY- Sex offenses; Sex offenses under WY's penal code: Criminality of conduct, Victim's age- Immoral/indecent acts | Age used to determine if act indecent |
| WY- Property offenses; Larceny | If market value of property is $1,000 or more, larceny is felony; Livestock rustling is specific type of larceny and felony regardless of value [6-3-402] |
| WY- Property offenses; Embezzlement | Included under larceny statute |
| WY- Property offenses; False pretenses | State prove- 1. Promises or pretenses made by D, 2. Promises or pretenses false, 3. Proper obtained by reason of promises or pretenses, 4. D knew promises or pretense false, 5. D had intent to defraud [6-3-4047] |
| WY- Property offenses; False pretenses: Misrepresentation required, Must relate to present or past facts | Misrepresentation of future fact could be subject of false pretenses charge; Proof of non-performance alone insufficient of false pretense (must be evidence, D did not intend to perform) "Craver" |
| WY- Property offenses; False pretenses: Related crimes, Theft of identity | Person who willfully obtains personal identifying information of another and uses that info for any unlawful purpose w/o consent of person is guilty of theft of identity [6-3-901] |
| WY- Property offenses; Robbery: Aggravated robbery | Person commits aggravated robbery if he inflicts or attempts to inflict serious bodily injury, or if he uses deadly weapon or simulated deadly weapon [6-2-401] |
| WY- Property offenses; Receipt of stolen property | Person who buys, receives, conceals, or disposes of property that he knows, believes, or has reason to believe was obtained in violation of law commits crime of receipt of stolen property, a felony if property is worth $1,000 or more |
| WY- Offenses against habitation; Burglary: Modern statutory changes [6-3-301] | No nighttime, dwelling, or breaking elements; Occupied structures/vehilces included; Burglary to enter or remain in structure; Aggravated if armed or becomes during crime or person knowingly/recklessly inflicts (attempts) injury in course of crime |
| WY- Offenses against habitation; Arson [6-3-101 -104]: First degree | Maliciously starts fire or causes explosion w/intent to destroy/damage occupied structure (need not actually be occupied at time, just capable of occupying); Specific intent crime |
| WY- Offenses against habitation; Arson [6-3-101 -104]: Second degree | Intent to destroy property in order to collect insurance proceeds; Aggravated when first started or explosion caused w/reckless disregard for human life and bodily injury or death occurs |
| WY- Offenses against habitation; Arson: Related offenses | Also felony to possess explosives or incendiary devices w/intent to endanger another, to injury property, or intimidate someone [6-3-111]; Misdemeanor to interfere with extinguishment of fire [6-3-112] |
| WY- Offenses Involving Judicial Procedure; Interference w/police officer: Misdemeanor | Person knowingly obstructs, impedes, interferes w/or resists arrest by peace officer while peace officer is engage in lawful performance of official duties [6-5-204(a)]; General intent "Walter" |
| WY- Offenses Involving Judicial Procedure; Interference w/police officer: Felony assault on police officer | Person intentionally/knowingly causes (attempts) bodily injury to peace officer while peace officer engaged in lawful performance of official duties [6-5-204(b)]; Attempt= specific intent crime and Intentionally/knowingly= general intent "King" |
| WY- Offenses Involving Judicial Procedure; Interference w/police officer: Felony injury to police dog | Person who willfully and knowingly inflicts serious bodily harm, permanent disability, or death upon police dog/horse/search and rescue dog [6-5-211(a)] |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI) | No person may drive or have actual physical control of vehicle if- 1. Blood alcohol concentration of .08, 2. Under influence of alcohol/controlled substance/combination, to degree person incapable of driving safely |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): BAC .05% or less | Person presumed not to be under influence |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): BAC more than .05% but less than .08% | No presumption, but fact may be considered along w/any other evidence [31-5-233] |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Watercrafts | Same rules apply to watercrafts |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Implied consent law | Any person who drives in WY deemed to have given consent to chemical test (blood/urine/breath) for purpose of determining person's alcohol or drug content of blood [31-6-102] |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Implied consent law, Suspension of driver's license | Suspension of driver's license not punishment and double jeopardy does not attach to separate hearings/trials for DWUI and license suspension "Glasrud" |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Implied consent advisement | Prior to tests, person must be advised- |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Implied consent advisement, 1. | 1. Failure to submit to all required chemical tests result in suspension of driver's license for 6 mos (first offense) or 18 mos (second/subsequent offenses) |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Implied consent advisement, 2. | If test taken, and results indicate person under influence, may be subject to criminal penalties and driver's license suspended for 90 days |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Implied consent advisement 3. | After submitting to tests, may go to nearest hospital to get additional test as he/she desires at own expense |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Implied consent advisement 4. | If refuses to take all tests, not eligible for limited riving privileges |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Implied consent advisement, Right to counsel | D need not be advised of right to counsel, given right does not attach during chemical testing in DWUI case "Mogard" |
| WY- Alcohol Related Offenses; Driving while under the influence (DWI): Refusal to submit to testing | Person under arrest refuses submit to chemical/blood test, none may be given except when serious bodily injury/death result; Refusal not later revoked, subsequent attempt to rescind/cure ineffective against legal consequences of initial refusal "Farmer" |
| WY- Alcohol Related Offenses; Vehicular homicide and alcohol | Operates vehicle in criminally negligent manner, and conduct is proximate cause of another's death; Aggravate= operate vehicle while intoxicated or recklessly, and causes death of another [6-2-106] |
| WY- Alcohol Related Offenses; Vehicular homicide and alcohol: D's defense | D may argue his conduct was not proximate cause of death "Buckles"; However, victim's failure to wear seat belt is NO defense "Allen"; Cannot rely solely on BAC for conviction, proof beyond reasonable doubt driver incapable of driving safely "Buckles" |
| WY- Alcohol Related Offenses; Alcohol and individuals under age of 21 | Any person under 21 who has alcoholic drink in possession or drunk/under influence of alcohol/controlled substance on any street or highway or in public place guilty of misdemeanor [12-6-101(b)]; Possession does not have to be in public place "Tietema" |
| WY- Alcohol Related Offenses; Alcohol and individuals under age of 21: Driving offenses ("Zero tolerance law") | Person younger than 21 w/BAC of .02% may not operate or be in actual physical control of vehicle |
| WY- Alcohol Related Offenses; Alcohol and individuals under age of 21: Driving offenses ("Zero tolerance law"), Implied consent | Person younger than 21 who drives vehicle in WY also deemed to have consented to chemical tests to determine BAC, Refusal carries 45 day driver's license suspension [31-6-108(a)] |
| WY- Alcohol Related Offenses; Open container while driving | It is against the law to drive a car on public street/highway while consuming or possessing any alcoholic beverage unless it is in original, unopened container, the seal of which is not broken [31-5-235(b)] |
| WY- Miscellaneous Offenses; Staling | Person w/intent to harass another person, person engages in course of conduct that reasonably likely to harass other person [6-2-506] |
| WY- Miscellaneous Offenses; Voyeurism: Misdemeanor | Person w/o consent of other being viewed, looks in secretive manner into enclosed area where person has reasonable expectation of privacy, OR Used camera/video recorder to record another under clothing worn by other if not agree to recording |
| WY- Miscellaneous Offenses; Criminal non-support: Misdemeanor | Parent fail to provide w/o just cause or lawful excuse for support of child |
| WY- Miscellaneous Offenses; Criminal non-support: Affirmative defense | D may assert unable to provide support, unless employable but w/o reasonable excuse fails to seek or maintain employment |
| WY- Miscellaneous Offenses; Unlawful manufacture, delivery, or possession of controlled substance | Unlawful for any person to manufacture/deliver/possess w/intent to manufacture or deliver a controlled substance; Prosecution may rely on circumstantial evidence to prove identity of controlled substance |
| WY- Miscellaneous Offenses; Unlawful manufacture, delivery, or possession of controlled substance: Whether controlled substance, 1-3 | Jury may consider- 1. Evidence of physical appearance of substance, 2. Evidence substance produced expected effects when sampled by someone familiar w/illicit drugs, 3. Evidence substance used in same manner as illicit drug, |
| WY- Miscellaneous Offenses; Unlawful manufacture, delivery, or possession of controlled substance: Whether controlled substance, 4-6 | 4. Testimony that high price case paid for substance, 5. Evidence transaction involving substance carried on in secrecy, and 6. Evidence substance called by name of illegal narcotic by D or others; Non-exhaustive list (not prove all) |
| WY- Miscellaneous Offenses; Unlawful manufacture, delivery, or possession of controlled substance: Cutting agents | May be excluded to determine proper penalty [35-7-1031] |
| WY- Miscellaneous Offenses; Unlawful manufacture, delivery, or possession of controlled substance: Prescriptions | Prosecution must prove no prescription authorizing possession of substance "Pool" |
| WY- Miscellaneous Offenses; Unlawful manufacture, delivery, or possession of controlled substance: Marijuana prescription from another state | D charged w/possession of marijuana NOT exempt from criminal liability in WY if legitimately obtained medical marijuana prescription or physician's order under another state's law "Burns" |
| WY- Miscellaneous Offenses; Endangering children [6-4-405]: Type 1 | No person shall knowingly/willfully cause or permit any child to take any meth or enter or remain in room/dwelling/vehicle in which person knows meth is being manufactured or stored |
| WY- Miscellaneous Offenses; Endangering children [6-4-405]: Type 2 | No person having care or custody, of child shall knowingly and willfully permit child to remain in room/dwelling/vehicle in which person knows meth being possessed, stored or ingested |
| WY- Miscellaneous Offenses; Aggravated cruelty to animals | Crime to knowingly torture, cruelly beat, torment, injure or mutilate animal w/intent to cause death, injury or undue suffering if it results in death or required euthanasia of animal [6-3-203] |
| WY- Criminal procedure tips | 4th and 5th amendment issues heavily tested, and sometimes 6th; WY usually follows federal law precedent and has not really expanded D's rights under WY constitution |
| WY- Criminal procedure tips; Whether WY constitution provides greater protection that U.S. Constitution, ct considers- | 1. Textual language of each constitution and difference in language and structure b/w two; 2. Constitutional history, 3. Pre-existing state law, and 4. Matters of particular state or local concern "Vasquez" |
| WY- 4th Amendment; Arrest and other detentions: Article 1, Section 4 of WY constitution, Language | Right to be secure in persons/house/papers/and effects, against unreasonable searches/seizures not violated, & no warrant issued but upon probable cause, supported by affidavit particularly describing place to be searched or person/thing to be seized |
| WY- 4th Amendment; Arrest and other detentions: Article 1, Section 4 of WY constitution, In general | Protection against searches and seizures similar to protection provided by 4th am. U.S. Constitution, and ct has not expanded |
| WY- 4th Amendment; Arrest and other detentions: What constitutes a seizure of person? | Police followed D one car length apart, activated lights, followed into parking lot, and parked behind D so could not move if wanted to- Based on totality of circumstances reasonable person would believe could not leave and there was seizure "McChesney" |
| WY- 4th Amendment; Arrest and other detentions: Arrests, Jurisdiction | Police officer outside jurisdiction, same authority as own if- 1) Responding to law enforcement in other jurisdiction, 2) Reasonable cause to believe crime occurring is immediate threat of serious bodily injury/death, or 3) In fresh pursuit [7-2-106] |
| WY- 4th Amendment; Arrest and other detentions: Other detentions, Investigatory detentions (Stop and frisk)- Source of suspicion, Informant's tip | Confidential informant increases degree of reliability; Citizen not paid/granted benefit reliability bolstered, especially if informant provided accurate info to police previously "Buckles" |
| WY- 4th Amendment; Arrest and other detentions: Other detentions, Investigatory detentions (Stop and frisk)- Source of suspicion, Informant's tip, Relevant consideration | 1. Specificity of information set forth in informant's tip, 2. Whether informant accurately predicted future activity, and 3. Whether office can corroborate any of the tip "Frederick" |
| WY- 4th Amendment; Arrest and other detentions: Other detentions, Investigatory detentions (Stop and frisk)- Source of suspicion, Informant's tip, Example | Anonymous REDDI (report every drunk driver immediately) NOT sufficiently reliable warrant investigatory stop w/o independent observation of suspicious/illegal activity by officer "McChesney" |
| WY- 4th Amendment; Arrest and other detentions: Other detentions, Automobile stops- Rule 1 | Under WY Constitution police officer can make a traffic stop if observes traffic violation, it does not matter that officer's primary motivation for making stop is to investigate whether other law violated "Fertig" |
| WY- 4th Amendment; Arrest and other detentions: Other detentions, Automobile stops- Rule 2 | Making routine traffic stop, police officer may require driver's license and registration, run computer check, and issue citation; Driver must allow to proceed w/o further delay after officer determine valid driver's license and okay to drive |
| WY- 4th Amendment; Arrest and other detentions: Other detentions, Automobile stops- Rule 2 (detaining) | Officer may detain driver further only if consents or officer has "objectively reasonable and articulable suspicion criminal activity occurred or is occurring |
| WY- 4th Amendment; Arrest and other detentions: Other detentions, Automobile stops- Rule 3 | During traffic stop, officer generally may NOT ask detain motorist question unrelated to purpose of stop, including about controlled substance unless reasonable suspicion regarding subject of question |
| WY- 4th Amendment; Arrest and other detentions: Other detentions, Automobile stops- Rule 3 (expired license plates) | Where officer stopped car due to expired license plates, question about drugs and canine search improper b/c officer had no reasonable basis for suspecting care contained drugs "Campbell" |
| WY- 4th Amendment; Evidentiary search and seizure: Reasonable expectation of privacy, Misplaced property | No surrender of expectation of privacy by misplacing property; (Search of wallet left in police car from someone not w/drugs in is NOT reasonable search "Morris"); D denied owning duffle renouncing interest so no standing to challege search "Anderews" |
| WY- 4th Amendment; Evidentiary search and seizure: Searches conducted pursuant to a warrant: Showing of probable cause | Search warrant may be issued only upon affidavit, although affidavit may be supplemented by oral testimony, so long as testimony recorded and made part of affidavit "Page" |
| WY- 4th Amendment; Evidentiary search and seizure: Searches conducted pursuant to a warrant, Use of informers, Totality of circumstances test | If officer's affidavit of probable cause based on info obtained from informers, its sufficiency is determined by the totality of the circumstances "Gates"; Enough information to allow magistrate to make common sense evaluation of probable cause |
| WY- 4th Amendment; Evidentiary search and seizure: Searches conducted pursuant to a warrant, Going "behind the face" of affidavit | Standard for reviewing sufficiency of affidavit in WY is de novo review to determine whether facts presented sufficient to allow reasonably prudent person to believe evidence of crime may be found at place to be searched "TJS" |
| WY- 4th Amendment; Evidentiary search and seizure: Execution of a warrant, Seizure of unspecified property | While police may seize any evidence or contraband that they discovery while lawfully conducting search, if warrant limited to specific item, once found, search must end; If continue search unlawful contraband found inadmissible under exclusionary rule |
| WY- 4th Amendment; Evidentiary search and seizure: Exceptions to warrant requirement, Search incident to lawful arrest- Any arrest sufficient | Must be a reasonable belief there is evidence of crime or concern for officer's safety before conducting search incident to arrest "Holmes"; Search must be reasonable under all circumstances "Vazquez" |
| WY- 4th Amendment; Evidentiary search and seizure: Exceptions to warrant requirement, Search incident to lawful arrest- Any arrest sufficient, Geographic scope | Upon arrest put wallet on counter and officer took wallet even though wanted to leave it, officer found stolen silver dollars; Upheld seizure b/c at time under arrest still on person, w/in immediate grab and removed "Andrews" |
| WY- 4th Amendment; Evidentiary search and seizure: Exceptions to warrant requirement, Search incident to lawful arrest- Any arrest sufficient, Automatic companion rule | Allows officer to frisk companion of arrestee for concealed weapon (concern for safety of police officer)"Perry"; Officer need not have independent reasonable suspicion that person searched is armed and dangerous |
| WY- 4th Amendment; Evidentiary search and seizure: Exceptions to warrant requirement, Search incident to lawful arrest- Consent | Acquiescence and non-resistance not sufficient for consent; Totality of circumstances will be examined to determine if voluntary |
| WY- 4th Amendment; Evidentiary search and seizure: Exceptions to warrant requirement, Search incident to lawful arrest- Consent, Factors | Among other factors considered are- demeanor of law enforcement officer, whether individual told could refuse request, presence of other law enforcement officers, length of detention/nature of questioning before consent given, coercive factors "O'Boyle" |
| WY- 4th Amendment; Evidentiary search and seizure: Exceptions to warrant requirement, Stop and frisk | D being nervous, in rental car from San Diego, luggage in back seat, fast food wrappers on floor- not give rise to reasonable suspicion, therefore NO reasonable succession to delay driver for 40 mins to await drug dog finding drugs in car "Damato" |
| WY- 4th Amendment; Evidentiary search and seizure: Hot pursuit, evanescent evidence, and other emergencies- Emergency aid exception | Community caretaker exception- Facts learned during initial community caretaker contact may lead to reasonable suspicion of criminal activity, and reasonable suspicion may lead to further investigation and eventual arrest "Lancaster" |
| WY- 4th Amendment; Evidentiary search and seizure: WY DNA identification record system act [7-19-401 et seq] | Requires persons convicted of felonies to provide DNA tissue samples (blood/hair/saliva but not limited), reasonable forces may be used to collect and no warrant is required |
| WY- 4th Amendment; Evidentiary search and seizure: WY DNA identification record system act [7-19-401 et seq], Convicted felons/prison inmates | Convicted felons and prison inmates diminished expectation of privacy so reasonable and no violate 4th amendment "Doles" |
| WY- Confessions; 14th amendment: Voluntariness | Broad; Trickery/psychological pressure/mistreatment may render confession involuntary; Threat/yelled accusations/suggesting D's punishment= incriminating statements so involuntary/inadmissible "Evans", but promising to go easy on D is NOT coercion "Vena" |
| WY- Confessions; 6th amendment: Right to counsel, Implied consent under DWUI statute | Anyone arrested upon probable cause for driving while under the influence of alcohol/controlled substance deemed to have given consent to blood/breath/urine testing; Arrestee must be advised that refusal= loss of driving privileges and no right to counsel |
| WY- Confessions; 5th amendment: Privilege against compelled self-incrimination, "Miranda"- Custody requirement | Narrow when interrogation in suspect's own home; No custody prior to arrest if no sign D was not free to leave to tell police to leave, plus not oppressed by police and no objective manifestation of custodial setting present "Glass" |
| WY- Confessions; 5th amendment: Privilege against compelled self-incrimination, "Miranda"- Interrogation Requirement | Officers went to execute search warrant, entering residence w/drawn guns, handcuffed D, and showed warrant. D said do not tear up house and told them whereabouts of drugs. Statement admissible and no interrogation "Bland" |
| WY- Confessions; 5th amendment: Privilege against compelled self-incrimination, "Miranda"- Public safety exception | Questions designed to protect officers safety, not merely question designed to protect citizens "Mackrill"; Officer knew dangerous (pipe bombs/murder) before giving miranda rights asked about guns, found drugs w/gun found admissible under exception |
| WY- Pretrial procedures; Speedy trial: When right attaches | Prosecution for criminal offense may be commenced at any time during life of perpetrator, thus only limitation on pre-charge delay is due process "Fortner" |
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dmoore147
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