Wyo. Stat. » Wyo. Stat. / Title 07 - Criminal Procedure / Chapter 2 - PEACE OFFICERS / Article
Wyoming Statutes

Wyo. Stat. § 7-2-102 (2026)

Preconditions for arrests.

✓ current as of May 2026
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(a) A peace officer may arrest a person when the officer
has a warrant commanding that the person be arrested or the
officer has reasonable grounds for believing that a warrant for
the person's arrest has been issued in this state or in another
jurisdiction.

     (b)   A peace officer may arrest a person without a warrant
when:

          (i) Any criminal offense is being committed in the
officer's presence by the person to be arrested;

          (ii) The officer has probable cause to believe that a
felony has been committed and that the person to be arrested has
committed it; or

          (iii) The officer has probable cause to believe that
a misdemeanor has been committed, that the person to be arrested
has committed it and that the person, unless immediately
arrested:

                (A)   Will not be apprehended;
               (B) May cause injury to himself or others or
damage to property; or

               (C) May destroy or conceal evidence of the
commission of the misdemeanor.
Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 1985–2024 · leading case: Mickelson v. State, 906 P.2d 1020 (Wyo. 1995).
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Mickelson v. State, 906 P.2d 1020 (Wyo. 1995). · cites it 8× “" One of a peace officer's official duties is found in § 7-2-102(a)(ii), W.S.1977, which authorizes an officer to "arrest a person when: * * * [h]e has reasonable grounds for believing that a warrant for the person's arrest has been issued in this state or in another…”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). “07 (l)(d) (1998) (when “[t]here are reasonable grounds to believe that the person is committing or has committed a crime”); and Wyo. Stat. Ann. §7-2-102 (b)(i) (1999) (when “[a]ny criminal offense” is committed “in the officer’s presence”).”
Lobatos v. State, 875 P.2d 716 (Wyo. 1994). · cites it 4× “The statute in its entirety now reads: (a) A peace officer may arrest a person when the officer has a warrant commanding that the person be arrested or the officer has reasonable grounds for believing that a warrant for the person's arrest has been issued in this state or in…”
Brown v. Avery, 850 P.2d 612 (Wyo. 1993). · cites it 4× “§ 7-2-103 (1987) reads, in part: (a) A peace officer may arrest a person without a warrant and detain that person until a legal warrant can be obtained when: (i) Any criminal offense is being committed in his presence by the person to be arrested; (ii) He has probable cause to…”
Becker v. Mason, 2006 WY 143 (Wyo. 2006). · cites it 6× “Wyo. Stat. Ann. § 7-2-102 (Lexis 1999), relating to arrests, provides: (b) A peace officer may arrest a person without a warrant when: (1) Any criminal offense is being committed in the officer's presence by the person to be arrested; * * * (iii) The officer has probable cause…”
State v. McAuliffe, 2005 WY 165 (Wyo. 2005). · cites it 4× “ion status and to conduct a random search for drugs on his person and in his vehicle; that the detectives were lawfully performing their official duties when they contacted McAuliffe at the scene of the traffic stop and questioned him; and that McAuliffe's statement to the…”
Roberts v. State, 711 P.2d 1131 (Wyo. 1985). · cites it 3× “” One of a peace officer’s official duties is found in § 7-2-102(a)(ii), W.S. 1977, which authorizes an officer to “arrest a person when: * * * [h]e has reasonable grounds for believing that a warrant for the person’s arrest has been issued in this state or in another…”
Myron Martize Woods v. The State of Wyoming, 2023 WY 32 (Wyo. 2023). · cites it 4× “§ 12-2-304 (c), we acknowledged officers are authorized under Wyo. Stat. Ann. § 7-2-102 (b) to make warrantless arrests under certain conditions when they have probable cause.”
Carroll v. State, 938 P.2d 848 (Wyo. 1997). · cites it 4× “Wyo.Stat. § 7-2-102(b)(ii) (1995). We have frequently invoked our rule that probable cause to arrest without a warrant exists when the facts and circumstances within the knowledge of the arresting officer together with facts and circumstances about which the officer has…”
Nellis v. Wyoming Dep't of Transp., 932 P.2d 741 (Wyo. 1997). · cites it 2× “It is specified in Wyo. Stat. § 7-2-102 (Supp.1994) that a peace officer may arrest for a misdemeanor, without a warrant, when: (i) Any criminal offense is being committed in the officer’s presence by person to be arrested; * * * QJ.”
United States v. Davis, 197 F.3d 1048 (10th Cir. 1999). “” Wyo. Stat. Ann. § 7-2-102 (b)(iii)(B) (1999).”
Mccoy v. Crook Cnty. Sheriff's Dept., 987 P.2d 674 (Wyo. 1999). · cites it 3× “Wyo. Stat. Ann. § 7-2-102 (Lexis 1999), relating to arrests, provides: (b) A peace officer may arrest a person without a warrant when: (i) Any criminal offense is being committed in the officer's presence by the person to be arrested; .”
Show all 18 citing cases →
— Wyo. Stat. § 7-2-102(a)(i) — 1 case
Van Horn v. State, 802 P.2d 883 (Wyo. 1990).
— Wyo. Stat. § 7-2-102(a)(ii) — 2 cases
Mickelson v. State, 906 P.2d 1020 (Wyo. 1995). “" One of a peace officer's official duties is found in § 7-2-102(a)(ii), W.S.1977, which authorizes an officer to "arrest a person when: * * * [h]e has reasonable grounds for believing that a warrant for the person's arrest has been issued in this state or in another…”
Roberts v. State, 711 P.2d 1131 (Wyo. 1985). “” One of a peace officer’s official duties is found in § 7-2-102(a)(ii), W.S. 1977, which authorizes an officer to “arrest a person when: * * * [h]e has reasonable grounds for believing that a warrant for the person’s arrest has been issued in this state or in another…”
— Wyo. Stat. § 7-2-102(b) — 2 cases
Mickelson v. State, 906 P.2d 1020 (Wyo. 1995). “" One of a peace officer's official duties is found in § 7-2-102(a)(ii), W.S.1977, which authorizes an officer to "arrest a person when: * * * [h]e has reasonable grounds for believing that a warrant for the person's arrest has been issued in this state or in another…”
Travis Dean Schaub v. The State of Wyoming, 2024 WY 100 (Wyo. 2024).
— Wyo. Stat. § 7-2-102(b)(ii) — 1 case
Carroll v. State, 938 P.2d 848 (Wyo. 1997). “Wyo.Stat. § 7-2-102(b)(ii) (1995). We have frequently invoked our rule that probable cause to arrest without a warrant exists when the facts and circumstances within the knowledge of the arresting officer together with facts and circumstances about which the officer has…”
— Wyo. Stat. § 7-2-102(b)(iii)(C) — 1 case
Travis Dean Schaub v. The State of Wyoming, 2024 WY 100 (Wyo. 2024).
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