Wyoming Statutes

Wyo. Stat. § 35-7-1045 (2026)

Duties and powers of law enforcement officers;

✓ current as of May 2026

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search warrants.

     (a) Notwithstanding the powers conferred upon the attorney
general by this act all law enforcement officers within this
state shall have the responsibility for the enforcement of this
act.

     (b) Any special agent designated by the attorney general
and any law enforcement officer engaged in the enforcement of
this act may:

          (i)    Carry firearms in the performance of his official
duties;

          (ii) Serve search warrants, arrest warrants,
administrative inspection warrants, subpoenas, and summonses
issued under the authority of this state;

          (iii) Make arrests without warrant for any offense
under this act committed in his presence, or if he has probable
cause to believe that the person to be arrested has committed,
or is committing a violation of this act;

          (iv)   Make seizures of property pursuant to this act;
and

          (v) Perform such other law enforcement duties as the
commissioner may designate.
     (c) All prosecutions originating under this act shall be
the duty and obligation of the district attorney for the county
in which the offense occurred.

     (d) A search warrant relating to offenses involving
controlled substances may be served at any time of the day or
night if the judge or district court commissioner issuing the
warrant is satisfied that there is probable cause to believe
that grounds exist for the warrant and for its service at such
time.

     (e) Any officer authorized to execute a search warrant
relating to offenses involving controlled substances the penalty
for which is imprisonment for more than one (1) year may,
without notice of his authority and purpose, break open an outer
or inner door or window of a building, or any part of the
building, or anything therein, only if a district judge or
district court commissioner issuing the warrant: (i) is
satisfied that there is probable cause to believe that (A) the
property sought may and, if such notice is given, will be easily
and quickly destroyed or disposed of, or (B) the giving of such
notice will immediately endanger the life or safety of the
executing officer or another person; and (ii) has included in
the warrant a direction that the officer executing it shall not
be required to give such notice. Any officer acting under such
warrant, shall, as soon as practicable after entering the
premises, identify himself and give the reason and authority for
his entrance upon the premises.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1982–2024 · leading case: Mathewson v. State, 438 P.3d 189 (Wyo. 2019).

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Mathewson v. State, 438 P.3d 189 (Wyo. 2019). · cites it 8× “Mathewson further claims the judge improperly issued the warrant because he is not a district court judge or district court commissioner and he lacked the probable cause specifically required for a no-knock warrant under Wyo. Stat. Ann. § 35-7-1045 (e) (Lexis Nexis 2017).”

Lobatos v. State, 875 P.2d 716 (Wyo. 1994). · cites it 8× “We disagree that reversal is warranted because of clear violations of the constitution’s Fourth Amendment and Wyo.Stat. § 35-7-1045 (1988) and material prejudice to appellant.”

United States v. Shelton, 742 F. Supp. 1491 (D. Wyo. 1990). · cites it 7× “Although the defendant is quite correct in noting that the scope of Wyo.Stat. § 35-7-1045 has been addressed by the Wyoming Supreme Court, the decision in Ehrenborg does not speak to the question which the Court must answer here.”

Daniel Alexis Chace v. The State of Wyoming, 2024 WY 20 (Wyo. 2024). · cites it 4× “Chace has standing, as an overnight guest in his brother’s home, to assert a Fourth Amendment 1 Wyo. Stat. Ann. § 35-7-1045 (d) also imposes a probable cause requirement for nighttime warrants involving controlled substances.”

United States v. Porco, 842 F. Supp. 1393 (D. Wyo. 1994). · cites it 3× “§ 879 (a) and Wyo.Stat. § 35-7-1045(d) provide that a search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge .”

Ehrenborg v. State, 639 P.2d 886 (Wyo. 1982). · cites it 9× “On appeal the appellant challenges the authority of an alternate justice of the peace to issue a search warrant in a controlled substance case, contending that § 35-7-1045(d), W.S. 1977 1 gives such authority only to a judge or district court commissioner.”

Davis v. State, 859 A.2d 1112 (Md. 2004). “Indeed, Maryland, by statute, does not in any way prescribe how search warrants are to be executed; unlike many of its sister states, see, e.”

— Wyo. Stat. § 35-7-1045(d) — 3 cases

United States v. Shelton, 742 F. Supp. 1491 (D. Wyo. 1990). “Although the defendant is quite correct in noting that the scope of Wyo.Stat. § 35-7-1045 has been addressed by the Wyoming Supreme Court, the decision in Ehrenborg does not speak to the question which the Court must answer here.”

United States v. Porco, 842 F. Supp. 1393 (D. Wyo. 1994). “§ 879 (a) and Wyo.Stat. § 35-7-1045(d) provide that a search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge .”

Ehrenborg v. State, 639 P.2d 886 (Wyo. 1982). “On appeal the appellant challenges the authority of an alternate justice of the peace to issue a search warrant in a controlled substance case, contending that § 35-7-1045(d), W.S. 1977 1 gives such authority only to a judge or district court commissioner.”

— Wyo. Stat. § 35-7-1045(e) — 1 case

Lobatos v. State, 875 P.2d 716 (Wyo. 1994). “We disagree that reversal is warranted because of clear violations of the constitution’s Fourth Amendment and Wyo.Stat. § 35-7-1045 (1988) and material prejudice to appellant.”

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