State v. Deen
Annotate this CaseAt approximately 10:18 p.m., police officers searched Defendant’s home pursuant to a search warrant and found marijuana and drug paraphernalia. Defendant was subsequently arrested and charged with delivery of and possession with intent to deliver a controlled substance. Defendant filed a motion to suppress the evidence seized in the search, arguing that the search was unlawful and in violation of his constitutional rights because the search warrant was served after 10 p.m. contrary to the plain language of the warrant. The district court granted the motion to suppress based upon a procedural violation of Wyo. R. Crim. P. 41(c). The Supreme Court reversed, holding that although the officers violated Rule 41(c), the violation did not warrant suppression of the evidence seized in the search under the circumstances of this case.
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