dual inquiry (Wyoming) · Go Syfert
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dual inquiry in Wyoming

17 Wyoming opinions name it 1 courts 1974–2018 0 in the last five years

The cases below were cited by Wyoming courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
United States v. Hensleygreen
scotus · 1985 · cited in 11 Wyoming opinions naming this issue, 1994–2017
2 sentences

2017Putnam , 995 P,2d at 637 (citing United States v. Hensley, 469 U.S. 221, 228 , 105 S.Ct. 675, 680 , 83 L.Ed.2d 604 (1985); Terry, 392 U.S. at 20-21 , 88 S.Ct. at 1879 ; Wilson, 874 P.2d at 223 ).

2017Putnam , 995 P,2d at 637 (citing United States v. Hensley, 469 U.S. 221, 228 , 105 S.Ct. 675, 680 , 83 L.Ed.2d 604 (1985); Terry, 392 U.S. at 20-21 , 88 S.Ct. at 1879 ; Wilson, 874 P.2d at 223 ).

411
Terry v. Ohiogreen
scotus · 1968 · cited in 11 Wyoming opinions naming this issue, 1992–2017
2 sentences

1994Terry presents a dual inquiry for evaluating the reasonableness of an investigatory stop, "whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place." Id. at 20 , 88 S.Ct. at 1879 .

1994Terry presents a dual inquiry for evaluating the reasonableness of an investigatory stop, "whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place." Id. at 20 , 88 S.Ct. at 1879 .

111
Wilson v. Stategreen
wyo · 1994 · cited in 9 Wyoming opinions naming this issue, 2000–2017
2 sentences

2017Putnam , 995 P,2d at 637 (citing United States v. Hensley, 469 U.S. 221, 228 , 105 S.Ct. 675, 680 , 83 L.Ed.2d 604 (1985); Terry, 392 U.S. at 20-21 , 88 S.Ct. at 1879 ; Wilson, 874 P.2d at 223 ).

2004Id; Wilson, 874 P.2d 215, 220 (Wyo.1994) (citing Lopez v. State, 643 P.2d 682, 683 (Wyo.1982)); see also Putnam v. State, 995 *832 P.2d 632, 637 (Wyo.2000); and McChesney v. State, 988 P.2d 1071, 1074 (Wyo0.1999). [18] We have a dual inquiry for evaluating the reasonableness of an investigatory stop: (1) whether the officer's actions were justified at the inception; and (2) whether it was reasonably related in seope to the circumstances that justified the interference in the first instance.

19
Damato v. Stategreen
wyo · 2003 · cited in 1 Wyoming opinions naming this issue, 2008–2008
2 sentences

2008Damato v. State, 2003 WY 13, ¶ 9 , 64 P.3d 700, 704-05 (Wyo.2003). [114] After reviewing the record in full, it is apparent that the investigatory stop was justified at its inception.

2008Damato v. State, 2003 WY 13, ¶ 9 , 64 P.3d 700, 704-05 (Wyo.2003). [114] After reviewing the record in full, it is apparent that the investigatory stop was justified at its inception.

11
McChesney v. Stategreen
wyo · 1999 · cited in 1 Wyoming opinions naming this issue, 2004–2004
1 sentence

2004Id; Wilson, 874 P.2d 215, 220 (Wyo.1994) (citing Lopez v. State, 643 P.2d 682, 683 (Wyo.1982)); see also Putnam v. State, 995 *832 P.2d 632, 637 (Wyo.2000); and McChesney v. State, 988 P.2d 1071, 1074 (Wyo0.1999). [18] We have a dual inquiry for evaluating the reasonableness of an investigatory stop: (1) whether the officer's actions were justified at the inception; and (2) whether it was reasonably related in seope to the circumstances that justified the interference in the first instance.

11
Lopez v. Stategreen
wyo · 1982 · cited in 1 Wyoming opinions naming this issue, 2004–2004
1 sentence

2004Id; Wilson, 874 P.2d 215, 220 (Wyo.1994) (citing Lopez v. State, 643 P.2d 682, 683 (Wyo.1982)); see also Putnam v. State, 995 *832 P.2d 632, 637 (Wyo.2000); and McChesney v. State, 988 P.2d 1071, 1074 (Wyo0.1999). [18] We have a dual inquiry for evaluating the reasonableness of an investigatory stop: (1) whether the officer's actions were justified at the inception; and (2) whether it was reasonably related in seope to the circumstances that justified the interference in the first instance.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Blessing v. Pittman green
wyo · 1952
2 sentences

2004Blessing, 251 P.2d at 247 .

1999Blessing, 251 P.2d at 247 .

21999–2004
O'BOYLE v. State green
wyo · 2005
2 sentences

2018Absent valid consent, a reasonable suspicion of other unlawful activity or reasonable suspicion that a detainee is armed, an officer may not expand an investigative detention beyond the scope of the stop, ask questions unrelated to the stop or "embark on a fishing expedition in the hope that something will turn up." O'Boyle v. State , 2005 WY 83 , ¶ 49, 117 P.3d 401 , 415 (Wyo. 2005) (citation omitted).

2018Absent valid consent, a reasonable suspicion of other unlawful activity or reasonable suspicion that a detainee is armed, an officer may not expand an investigative detention beyond the scope of the stop, ask questions unrelated to the stop or "embark on a fishing expedition in the hope that something will turn up." O'Boyle v. State , 2005 WY 83 , ¶ 49, 117 P.3d 401 , 415 (Wyo. 2005) (citation omitted).

12018–2018
Michael Wayne Sweets v. State neutral
wyo · 2017
2 sentences

2018We evaluate the reasonableness of an investigatory stop by making a dual inquiry: "(1) whether the officer's actions were justified at the inception; and (2) whether it was reasonably related in scope to the circumstances that justified the interference in the first instance." Sweets v. State , 2017 WY 22 , ¶ 9, 389 P.3d 1214 , 1216 (Wyo. 2017) (citations omitted).

2018We evaluate the reasonableness of an investigatory stop by making a dual inquiry: "(1) whether the officer's actions were justified at the inception; and (2) whether it was reasonably related in scope to the circumstances that justified the interference in the first instance." Sweets v. State , 2017 WY 22 , ¶ 9, 389 P.3d 1214 , 1216 (Wyo. 2017) (citations omitted).

12018–2018
Putnam v. State green
wyo · 2000
1 sentence

2006Putnam, 995 P.2d at 637 (citing United States v. Hensley, 469 U.S. 221, 228 , 105 S.Ct. 675, 680 , 83 L.Ed.2d 604 (1985); Terry, 392 U.S. at 20-21 , 88 S.Ct. at 1879 ; Wilson, 874 P.2d at 223 ).

12006–2006
Jerome B. Guinand v. Atlantic Richfield Company green
ca10 · 1973
1 sentence

1974This is stated most simply and understandably in Prosser, Law of Torts, § 37, p. 205 (4th Ed.): “* * * Before any duty, or any standard of conduct may be set, there must first be proof of facts which give rise to it; and once the standard is fixed, there must be proof that the actor has departed from it. * * *” Until there is some establishment by evidence of a standard of conduct or duty, there can be no question of “conflict of material facts.” Recovery for negligence rests upon a legal duty owed by defendant to plaintiff, Brubaker v. Glenrock Lodge International Order of Odd Fellows, Wyo.,

11974–1974
Brubaker v. Glenrock Lodge International Order of Odd Fellows green
wyo · 1974
1 sentence

1974This is stated most simply and understandably in Prosser, Law of Torts, § 37, p. 205 (4th Ed.): “* * * Before any duty, or any standard of conduct may be set, there must first be proof of facts which give rise to it; and once the standard is fixed, there must be proof that the actor has departed from it. * * *” Until there is some establishment by evidence of a standard of conduct or duty, there can be no question of “conflict of material facts.” Recovery for negligence rests upon a legal duty owed by defendant to plaintiff, Brubaker v. Glenrock Lodge International Order of Odd Fellows, Wyo.,

11974–1974

Statutes the citing opinions construe

WY § Wyo. Stat. § 35-7-1031 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 127 (1976–2023) LA 96 (1970–2022) ID 59 (1985–2026) TX 48 (1977–2023) NY 37 (1896–2025) CA 37 (1960–2026) MI 36 (1976–2025) PA 29 (1982–2023) OH 24 (1963–2023) KS 23 (1982–2022) WA 21 (1970–2021) MA 18 (1967–2025) WY 17 (1974–2018) FL 17 (1973–2018) MD 14 (1975–2026) MT 13 (1967–2022) UT 12 (1938–2017) IA 11 (1976–2021) MN 10 (1933–2013) IN 10 (1975–2020) MO 9 (1975–1995) SC 8 (2023–2026) NJ 8 (1979–2022) NM 7 (1990–2008) AZ 6 (1979–2014) OR 6 (1973–2026) DC 6 (1989–2021) KY 6 (1986–2022) TN 6 (2000–2026) CO 5 (1982–2016) GA 5 (1964–2024) DE 5 (1987–2019) HI 5 (2005–2022) OK 5 (1990–2011) NH 4 (1985–2015) NC 4 (2005–2022) MS 3 (1972–1991) WI 3 (2003–2015) ME 2 (1979–1983) CT 2 (1992–2009) ND 2 (1992–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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