2010 Wyoming Statutes
Title 7 - Criminal Procedure
Chapter 7 - Search Warrants

CHAPTER 7 - SEARCH WARRANTS

 

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

 

(a) Any district judge, district court commissioner, circuit judge or magistrate authorized pursuant to W.S. 5-9-208(a), (b) or (c)(xv) or 5-9-212(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 used as the means of committing a criminal offense;

 

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

 

(iv) When the property or things to be seized consist of any item, or constitute any evidence which tends to show a crime has been committed, 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, the Wyoming Rules of Criminal Procedure shall govern procedures relating to the issuance, form, execution and return of search warrants and procedures relating to motions to return unlawfully seized property and to suppress evidence.

 

7-7-103. Disposition of property.

 

 

(a) Except as otherwise provided by law, property seized pursuant 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 returned to the owner;

 

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

 

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

 

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

 

Except as otherwise specifically provided by law, an officer executing a search warrant may break a door or window of any building described in the warrant if he is not admitted after he has announced 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 statute governing search and seizure, the issuance and execution of search warrants or the disposition to be made of seized property shall govern in those circumstances to which the more specific statute applies.

 

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