Smith v. State
Annotate this CaseAppellants, two individuals, were arrested for driving while under the influence of alcohol (DWUI). Each appellant's blood-alcohol content was determined in accordance with the procedures set forth in Wyo. Stat. Ann. 31-6-102(d), which sets forth the procedure for remotely communicated search warrants in DWUI cases, in that the circuit court judge issued a remotely communicated search warrant after communicating via telephone with the arresting officer, who was under oath, and directed the officer to affix the judge's signature to the warrant. At issue before the Supreme Court was whether the requirements of section 31-6-102(2) are the equivalent of an affidavit under the State Constitution and whether the requirements of Wyo. R. Crim. P. 41(c), which provides the procedural requirements for the issuance of a search warrant, must be met. The Supreme Court answered certified questions of law by holding (1) the procedures set forth in section 31-6-102(d) do not violate the State Constitution; and (2) search warrants issued pursuant to section 31-6-102(d) must meet the requirements of Rule 41(c).
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