Chapter 7 - Search Warrants - Wyoming Statutes

CHAPTER 7 - SEARCH WARRANTS

 

7-7-101. Authority to issue; grounds.

 

(a) Any district judge, district court commissioner, circuitjudge or magistrate authorized pursuant to W.S. 5-9-208(a), (b) or (c)(xv) or5-9-212(a)(ix) may issue a search warrant to search for and seize any property:

 

(i) Stolen or embezzled in violation of law;

 

(ii) Designed or intended for use or which is or has been usedas the means of committing a criminal offense;

 

(iii) Possessed, controlled, or designed or intended for use orwhich is or has been used in violation of any law; or

 

(iv) When the property or things to be seized consist of anyitem, or constitute any evidence which tends to show a crime has beencommitted, or tends to show that a particular person has committed a crime.

 

7-7-102. Procedures governed by rules.

 

Except as provided by W.S. 7-7-105, theWyoming Rules of Criminal Procedure shall govern procedures relating to theissuance, form, execution and return of search warrants and procedures relatingto motions to return unlawfully seized property and to suppress evidence.

 

7-7-103. Disposition of property.

 

 

(a) Except as otherwise provided by law, property seizedpursuant to a search warrant shall be disposed of as follows:

 

(i) If the defendant is convicted:

 

(A) Property which was stolen or embezzled shall be returnedto the owner;

 

(B) Other property shall be destroyed or otherwise disposed ofas directed by the court.

 

(ii) If the criminal charges against the defendant aredismissed or he is acquitted, the property shall be returned to the owner orotherwise disposed of as directed by the court.

 

7-7-104. Authority of officer to break open building in execution ofwarrant.

 

Except as otherwise specifically providedby law, an officer executing a search warrant may break a door or window ofany building described in the warrant if he is not admitted after he hasannounced his authority and purpose.

 

7-7-105. Applicability of more specific provisions.

 

Notwithstanding any provision of W.S.7-7-101 through 7-7-104, specific procedures contained in another statutegoverning search and seizure, the issuance and execution of search warrants orthe disposition to be made of seized property shall govern in thosecircumstances to which the more specific statute applies.