Wyoming constitutional analysis (Wyoming) · Go Syfert
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Wyoming constitutional analysis in Wyoming

11 Wyoming opinions name it 1 courts 1987–2025 8 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 (15)

CaseFollowedCited
Morgan v. Stategreen
wyo · 2004 · cited in 6 Wyoming opinions naming this issue, 2023–2025
2 sentences

2025See Ramirez v. State, 2023 WY 70, ¶ 15 , 532 P.3d 230 , 234 (Wyo. 2023) (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004)) (“[T]o invoke an independent Wyoming constitutional analysis, ‘the appellant must use a precise and analytically sound approach and provide the Court with proper arguments and briefs to ensure the future growth of this important area of law.’”). 3 3092, 3097, 49 L.

2025However, we have repeatedly explained, “to invoke an independent Wyoming constitutional analysis, ‘the appellant must “use a precise and analytically sound approach and provide [the Court] with proper arguments and briefs to ensure the future growth of this important area of law.”’” Ramirez v. State, 2023 WY 70, ¶ 15 , 532 P.3d 230 , 234 (Wyo. 2023) (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 3 802, 808 (Wyo. 2004)).

56
Hector Zapien-Galvan v. The State of Wyominggreen
wyo · 2023 · cited in 4 Wyoming opinions naming this issue, 2023–2025
2 sentences

2025See Ramirez v. State, 2023 WY 70, ¶ 15 , 532 P.3d 230 , 234 (Wyo. 2023) (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004)) (“[T]o invoke an independent Wyoming constitutional analysis, ‘the appellant must use a precise and analytically sound approach and provide the Court with proper arguments and briefs to ensure the future growth of this important area of law.’”). 3 3092, 3097, 49 L.

2025However, we have repeatedly explained, “to invoke an independent Wyoming constitutional analysis, ‘the appellant must “use a precise and analytically sound approach and provide [the Court] with proper arguments and briefs to ensure the future growth of this important area of law.”’” Ramirez v. State, 2023 WY 70, ¶ 15 , 532 P.3d 230 , 234 (Wyo. 2023) (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 3 802, 808 (Wyo. 2004)).

24
Kellon Christon Pryce v. The State of Wyominggreen
wyo · 2020 · cited in 2 Wyoming opinions naming this issue, 2022–2025
2 sentences

2025We have observed that “in assessing the reasonableness of a traffic stop and detention, there is not a significant difference between our federal and state analysis, given that under either analysis we are considering the reasonableness of the government intrusion in light of all the circumstances.” Klomliam v. State, 2014 WY 1 , ¶ 17, 315 P.3d 665 , 669 n.1 (Wyo. 2014); see also Pryce v. State, 2020 WY 151, ¶ 26 , 477 P.3d 90 , 96 n.1 (Wyo. 2020) (noting a Wyoming Constitutional analysis applies soundly to a Fourth Amendment analysis).

2025We have observed that “in assessing the reasonableness of a traffic stop and detention, there is not a significant difference between our federal and state analysis, given that under either analysis we are considering the reasonableness of the government intrusion in light of all the circumstances.” Klomliam v. State, 2014 WY 1 , ¶ 17, 315 P.3d 665 , 669 n.1 (Wyo. 2014); see also Pryce v. State, 2020 WY 151, ¶ 26 , 477 P.3d 90 , 96 n.1 (Wyo. 2020) (noting a Wyoming Constitutional analysis applies soundly to a Fourth Amendment analysis).

22
South Dakota v. Oppermangreen
scotus · 1976 · cited in 2 Wyoming opinions naming this issue, 2025–2025
2 sentences

2025See Ramirez v. State, 2023 WY 70, ¶ 15 , 532 P.3d 230 , 234 (Wyo. 2023) (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004)) (“[T]o invoke an independent Wyoming constitutional analysis, ‘the appellant must use a precise and analytically sound approach and provide the Court with proper arguments and briefs to ensure the future growth of this important area of law.’”). 3 3092, 3097, 49 L.

2025See Ramirez v. State, 2023 WY 70, ¶ 15 , 532 P.3d 230 , 234 (Wyo. 2023) (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004)) (“[T]o invoke an independent Wyoming constitutional analysis, ‘the appellant must use a precise and analytically sound approach and provide the Court with proper arguments and briefs to ensure the future growth of this important area of law.’”). 3 3092, 3097, 49 L.

22
Ralph Laverne Hunnicutt-Carter v. The State of Wyominggreen
wyo · 2013 · cited in 2 Wyoming opinions naming this issue, 2025–2025
2 sentences

2025Ed. 2d 1000 (1976)); see also Hunnicutt-Carter v. State, 2013 WY 103, ¶ 17 , 308 P.3d 847, 852 (Wyo. 2013). [¶11] Generally, law enforcement is justified in seizing property if it is in a lawful arrestee’s possession and cannot be left safely at the scene of the arrest.

2025Ed. 2d 1000 (1976)); see also Hunnicutt-Carter v. State, 2013 WY 103, ¶ 17 , 308 P.3d 847, 852 (Wyo. 2013). [¶11] Generally, law enforcement is justified in seizing property if it is in a lawful arrestee’s possession and cannot be left safely at the scene of the arrest.

22
Saldana v. Stategreen
wyo · 1993 · cited in 2 Wyoming opinions naming this issue, 2023–2024
2 sentences

2024See Ramirez, ¶¶ 15–16, 532 P.3d at 234–35 (“[T]o invoke an independent Wyoming constitutional analysis, ‘the appellant must use a precise and analytically sound approach and provide [the Court] with proper arguments and briefs to ensure the future growth of this important area of law.’” (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004))); see also Sheesley v. State, 2019 WY 32 , ¶ 15, 437 P.3d 830, 836 (Wyo. 2019) (discussing six “‘non-exclusive neutral criteria’ [Saldana factors] relevant to determining whether the Wyoming Constitution extends broader rights to Wyoming

2023We disagree. [¶15] As we have explained, to invoke an independent Wyoming constitutional analysis, “the appellant must ‘use a precise and analytically sound approach and provide [the Court] with proper arguments and briefs to ensure the future growth of this important area of law.’” Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004) (quoting Saldana v. State, 846 P.2d 604, 624 (Wyo. 1993) (Golden, J., concurring)).

22
Sheesley v. Stategreen
wyo · 2019 · cited in 2 Wyoming opinions naming this issue, 2023–2024
2 sentences

2024See Ramirez, ¶¶ 15–16, 532 P.3d at 234–35 (“[T]o invoke an independent Wyoming constitutional analysis, ‘the appellant must use a precise and analytically sound approach and provide [the Court] with proper arguments and briefs to ensure the future growth of this important area of law.’” (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004))); see also Sheesley v. State, 2019 WY 32 , ¶ 15, 437 P.3d 830, 836 (Wyo. 2019) (discussing six “‘non-exclusive neutral criteria’ [Saldana factors] relevant to determining whether the Wyoming Constitution extends broader rights to Wyoming

2024See Sheesley, ¶ 15, 437 P.3d at 836 . 3 individual, circumstances may render a warrantless search or seizure reasonable.” Owens, ¶ 10, 269 P.3d at 1096 (quoting Illinois v. McArthur, 531 U.S. 326, 330 , 121 S.Ct. 946, 949 , 148 L.Ed.2d 838 (2001)).

22
Joy Klomliam v. The State of Wyominggreen
wyo · 2014 · cited in 3 Wyoming opinions naming this issue, 2022–2025
2 sentences

2025We have observed that “in assessing the reasonableness of a traffic stop and detention, there is not a significant difference between our federal and state analysis, given that under either analysis we are considering the reasonableness of the government intrusion in light of all the circumstances.” Klomliam v. State, 2014 WY 1 , ¶ 17, 315 P.3d 665 , 669 n.1 (Wyo. 2014); see also Pryce v. State, 2020 WY 151, ¶ 26 , 477 P.3d 90 , 96 n.1 (Wyo. 2020) (noting a Wyoming Constitutional analysis applies soundly to a Fourth Amendment analysis).

2025We have observed that “in assessing the reasonableness of a traffic stop and detention, there is not a significant difference between our federal and state analysis, given that under either analysis we are considering the reasonableness of the government intrusion in light of all the circumstances.” Klomliam v. State, 2014 WY 1 , ¶ 17, 315 P.3d 665 , 669 n.1 (Wyo. 2014); see also Pryce v. State, 2020 WY 151, ¶ 26 , 477 P.3d 90 , 96 n.1 (Wyo. 2020) (noting a Wyoming Constitutional analysis applies soundly to a Fourth Amendment analysis).

13
Owens v. Stategreen
wyo · 2012 · cited in 1 Wyoming opinions naming this issue, 2024–2024
1 sentence

2024See Sheesley, ¶ 15, 437 P.3d at 836 . 3 individual, circumstances may render a warrantless search or seizure reasonable.” Owens, ¶ 10, 269 P.3d at 1096 (quoting Illinois v. McArthur, 531 U.S. 326, 330 , 121 S.Ct. 946, 949 , 148 L.Ed.2d 838 (2001)).

11
Illinois v. McArthurgreen
scotus · 2001 · cited in 1 Wyoming opinions naming this issue, 2024–2024
2 sentences

2024See Sheesley, ¶ 15, 437 P.3d at 836 . 3 individual, circumstances may render a warrantless search or seizure reasonable.” Owens, ¶ 10, 269 P.3d at 1096 (quoting Illinois v. McArthur, 531 U.S. 326, 330 , 121 S.Ct. 946, 949 , 148 L.Ed.2d 838 (2001)).

2024See Sheesley, ¶ 15, 437 P.3d at 836 . 3 individual, circumstances may render a warrantless search or seizure reasonable.” Owens, ¶ 10, 269 P.3d at 1096 (quoting Illinois v. McArthur, 531 U.S. 326, 330 , 121 S.Ct. 946, 949 , 148 L.Ed.2d 838 (2001)).

11
Myron Martize Woods v. The State of Wyominggreen
wyo · 2023 · cited in 1 Wyoming opinions naming this issue, 2023–2023
2 sentences

2023See Woods v. State, 2023 WY 32 , ¶ 14 n.2, 527 P.3d 264 , 267 n.2 (Wyo. 2023); Ramirez v. State, 2023 WY 70, ¶ 15 , 532 P.3d 230 , 234 (Wyo. 2023) (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004)) (“[T]o invoke an independent Wyoming constitutional analysis, ‘the appellant must use a precise and analytically sound approach and provide the Court with proper arguments and briefs to ensure the future growth of this important area of law.’”). 3 P.3d at 182 (citing United States v. Jones, 701 F.3d 1300, 1317 (10th Cir. 2012)).

2023See Woods v. State, 2023 WY 32 , ¶ 14 n.2, 527 P.3d 264 , 267 n.2 (Wyo. 2023); Ramirez v. State, 2023 WY 70, ¶ 15 , 532 P.3d 230 , 234 (Wyo. 2023) (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004)) (“[T]o invoke an independent Wyoming constitutional analysis, ‘the appellant must use a precise and analytically sound approach and provide the Court with proper arguments and briefs to ensure the future growth of this important area of law.’”). 3 P.3d at 182 (citing United States v. Jones, 701 F.3d 1300, 1317 (10th Cir. 2012)).

11
United States v. Jonesgreen
ca10 · 2012 · cited in 1 Wyoming opinions naming this issue, 2023–2023
1 sentence

2023See Woods v. State, 2023 WY 32 , ¶ 14 n.2, 527 P.3d 264 , 267 n.2 (Wyo. 2023); Ramirez v. State, 2023 WY 70, ¶ 15 , 532 P.3d 230 , 234 (Wyo. 2023) (quoting Morgan v. State, 2004 WY 95, ¶ 20 , 95 P.3d 802, 808 (Wyo. 2004)) (“[T]o invoke an independent Wyoming constitutional analysis, ‘the appellant must use a precise and analytically sound approach and provide the Court with proper arguments and briefs to ensure the future growth of this important area of law.’”). 3 P.3d at 182 (citing United States v. Jones, 701 F.3d 1300, 1317 (10th Cir. 2012)).

11
New York v. Beltonred
scotus · 1981 · cited in 1 Wyoming opinions naming this issue, 2007–2007
2 sentences

2007Further, under the Wyoming constitutional standard, as under the federal standard, a search incident to arrest must be conducted "as a contemporaneous incident of that arrest." New York v. Belton, 453 U.S. 454, 460 , 101 S.Ct. 2860, 2864 , 69 L.Ed.2d 768, 775 (1981).

2007Further, under the Wyoming constitutional standard, as under the federal standard, a search incident to arrest must be conducted "as a contemporaneous incident of that arrest." New York v. Belton, 453 U.S. 454, 460 , 101 S.Ct. 2860, 2864 , 69 L.Ed.2d 768, 775 (1981).

11
Budd-Falen Law Offices, P.C. v. Rocky Mountain Recovery, Inc.green
wyo · 2005 · cited in 1 Wyoming opinions naming this issue, 2007–2007
2 sentences

2007McKenney attempted to correct this omission in his reply brief Needless to say, McKenney's reply brief is completely improper, and this Court has not considered i. Budd-Falen Law Offices, P.C. v. Rocky Mountain Recovery, Inc., 2005 WY 77, ¶¶ 14-17 , 114 P.3d 1284, 1288-89 (Wyo.2005); Pena v. State, 2004 WY 115 , ¶ 44 n. 6, 98 P.3d 857 , 874 n. 6 (Wyo.2004); W.R.A.P. 7.03.

2007McKenney attempted to correct this omission in his reply brief Needless to say, McKenney's reply brief is completely improper, and this Court has not considered i. Budd-Falen Law Offices, P.C. v. Rocky Mountain Recovery, Inc., 2005 WY 77, ¶¶ 14-17 , 114 P.3d 1284, 1288-89 (Wyo.2005); Pena v. State, 2004 WY 115 , ¶ 44 n. 6, 98 P.3d 857 , 874 n. 6 (Wyo.2004); W.R.A.P. 7.03.

11
Best v. Stategreen
wyo · 1987 · cited in 1 Wyoming opinions naming this issue, 1987–1987
2 sentences

1987See, however, Best v. State, Wyo., 736 P.2d 739 (1987), which discussion this writer did not then and does not here consider to be precedentially dispositive of the broad principles not there factually invoked. .

1987NOTES [1] I do not perceive the current United States Supreme Court opinion in Tanner v. United States, ___ U.S. ___, 107 S.Ct. 2739 , 97 L.Ed.2d 90 (1987), a five-to-four decision, to be inapposite for Wyoming Constitutional inquiry, first because I find the dissent to state a more rational and well-reasoned position, and second, what is tested is not deliberative activities but incontinent if not deliberately false response to voir-dire examination. [2] See, however, Best v. State, Wyo., 736 P.2d 739 (1987), which discussion this writer did not then and does not here consider to be precedent

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 (8)

CaseCitedYears
Bradley Michael Elmore v. The State of Wyoming green
wyo · 2021
1 sentence

2025Under the Fourth Amendment, an officer’s conduct is “judged by an objective standard which takes into account the totality of the circumstances.” Id., ¶ 32, 508 P.3d at 240 (citing Elmore, ¶ 10, 482 P.3d at 361 ). [¶27] At oral argument, both parties agreed this Court can review the issues presented using a Wyoming constitutional analysis because the circumstances in this case do not present a distinction between state and federal law.

12025–2025
Maria Anne Joseph v. The State of Wyoming green
wyo · 2023
1 sentence

2023“In our prior 1 For example, they cited to our recent decision in Levenson in support of their argument that Trooper Tippy’s conduct was so unreasonable that it negated any objective justification for the stop. 4 consideration of Article 1, Section 4 of the Wyoming Constitution,[2] we have noted the textual differences between it and the Fourth Amendment[3] and have concluded Article 1, Section 4 is more protective based on its requirement of an affidavit to support a warrant application.” Joseph, ¶ 20, 530 P.3d at 1076 (citing Fertig, ¶ 16, 146 P.3d at 497 (quoting O’Boyle v. State, 2005 WY 8

12023–2023
Dillon Wayne Fuller v. The State of Wyoming green
wyo · 2021
2 sentences

2023“The [Fourth] Amendment thus ‘draws a firm line at the entrance to the house.’” Id. at ¶ 14, 511 P.3d at 181 (quoting Lange, 594 U.S. at ––––, 141 S. Ct. at 2018). [¶13] “Warrantless searches and seizures are per se unreasonable unless they are justified by probable cause and established exceptions.” Id. at ¶ 16, 511 P.3d at 182 (quoting Fuller, 2021 WY 36, ¶ 9 , 481 P.3d at 1134 ).

2023“The [Fourth] Amendment thus ‘draws a firm line at the entrance to the house.’” Id. at ¶ 14, 511 P.3d at 181 (quoting Lange, 594 U.S. at ––––, 141 S. Ct. at 2018). [¶13] “Warrantless searches and seizures are per se unreasonable unless they are justified by probable cause and established exceptions.” Id. at ¶ 16, 511 P.3d at 182 (quoting Fuller, 2021 WY 36, ¶ 9 , 481 P.3d at 1134 ).

12023–2023
O'BOYLE v. State green
wyo · 2005
2 sentences

2023“In our prior 1 For example, they cited to our recent decision in Levenson in support of their argument that Trooper Tippy’s conduct was so unreasonable that it negated any objective justification for the stop. 4 consideration of Article 1, Section 4 of the Wyoming Constitution,[2] we have noted the textual differences between it and the Fourth Amendment[3] and have concluded Article 1, Section 4 is more protective based on its requirement of an affidavit to support a warrant application.” Joseph, ¶ 20, 530 P.3d at 1076 (citing Fertig, ¶ 16, 146 P.3d at 497 (quoting O’Boyle v. State, 2005 WY 8

2023“In our prior 1 For example, they cited to our recent decision in Levenson in support of their argument that Trooper Tippy’s conduct was so unreasonable that it negated any objective justification for the stop. 4 consideration of Article 1, Section 4 of the Wyoming Constitution,[2] we have noted the textual differences between it and the Fourth Amendment[3] and have concluded Article 1, Section 4 is more protective based on its requirement of an affidavit to support a warrant application.” Joseph, ¶ 20, 530 P.3d at 1076 (citing Fertig, ¶ 16, 146 P.3d at 497 (quoting O’Boyle v. State, 2005 WY 8

12023–2023
Peña v. State green
wyo · 2004
2 sentences

2007McKenney attempted to correct this omission in his reply brief Needless to say, McKenney's reply brief is completely improper, and this Court has not considered i. Budd-Falen Law Offices, P.C. v. Rocky Mountain Recovery, Inc., 2005 WY 77, ¶¶ 14-17 , 114 P.3d 1284, 1288-89 (Wyo.2005); Pena v. State, 2004 WY 115 , ¶ 44 n. 6, 98 P.3d 857 , 874 n. 6 (Wyo.2004); W.R.A.P. 7.03.

2007McKenney attempted to correct this omission in his reply brief Needless to say, McKenney's reply brief is completely improper, and this Court has not considered i. Budd-Falen Law Offices, P.C. v. Rocky Mountain Recovery, Inc., 2005 WY 77, ¶¶ 14-17 , 114 P.3d 1284, 1288-89 (Wyo.2005); Pena v. State, 2004 WY 115 , ¶ 44 n. 6, 98 P.3d 857 , 874 n. 6 (Wyo.2004); W.R.A.P. 7.03.

12007–2007
Pena v. State green
wyo · 2004
2 sentences

2007McKenney attempted to correct this omission in his reply brief Needless to say, McKenney's reply brief is completely improper, and this Court has not considered i. Budd-Falen Law Offices, P.C. v. Rocky Mountain Recovery, Inc., 2005 WY 77, ¶¶ 14-17 , 114 P.3d 1284, 1288-89 (Wyo.2005); Pena v. State, 2004 WY 115 , ¶ 44 n. 6, 98 P.3d 857 , 874 n. 6 (Wyo.2004); W.R.A.P. 7.03.

2007McKenney attempted to correct this omission in his reply brief Needless to say, McKenney's reply brief is completely improper, and this Court has not considered i. Budd-Falen Law Offices, P.C. v. Rocky Mountain Recovery, Inc., 2005 WY 77, ¶¶ 14-17 , 114 P.3d 1284, 1288-89 (Wyo.2005); Pena v. State, 2004 WY 115 , ¶ 44 n. 6, 98 P.3d 857 , 874 n. 6 (Wyo.2004); W.R.A.P. 7.03.

12007–2007
Watts v. Indiana green
scotus · 1949
2 sentences

1987NOTES [1] I do not perceive the current United States Supreme Court opinion in Tanner v. United States, ___ U.S. ___, 107 S.Ct. 2739 , 97 L.Ed.2d 90 (1987), a five-to-four decision, to be inapposite for Wyoming Constitutional inquiry, first because I find the dissent to state a more rational and well-reasoned position, and second, what is tested is not deliberative activities but incontinent if not deliberately false response to voir-dire examination. [2] See, however, Best v. State, Wyo., 736 P.2d 739 (1987), which discussion this writer did not then and does not here consider to be precedent

1987NOTES [1] I do not perceive the current United States Supreme Court opinion in Tanner v. United States, ___ U.S. ___, 107 S.Ct. 2739 , 97 L.Ed.2d 90 (1987), a five-to-four decision, to be inapposite for Wyoming Constitutional inquiry, first because I find the dissent to state a more rational and well-reasoned position, and second, what is tested is not deliberative activities but incontinent if not deliberately false response to voir-dire examination. [2] See, however, Best v. State, Wyo., 736 P.2d 739 (1987), which discussion this writer did not then and does not here consider to be precedent

11987–1987
Tanner v. United States green
scotus · 1987
2 sentences

1987I do not perceive the current United States Supreme Court opinion in Tanner v. United States, — U.S. —, 107 S.Ct. 2739 , 97 L.Ed.2d 90 (1987), a five-to-four decision, to be inappo-site for Wyoming Constitutional inquiry, first because I find the dissent to state a more rational and well-reasoned position, and second, what is tested is not deliberative activities but incontinent if not deliberately false response to voir-dire examination. .

1987I do not perceive the current United States Supreme Court opinion in Tanner v. United States, — U.S. —, 107 S.Ct. 2739 , 97 L.Ed.2d 90 (1987), a five-to-four decision, to be inappo-site for Wyoming Constitutional inquiry, first because I find the dissent to state a more rational and well-reasoned position, and second, what is tested is not deliberative activities but incontinent if not deliberately false response to voir-dire examination. .

11987–1987

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.

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