Wyoming Statutes

Wyo. Stat. § 7-8-101 (2026)

Arrest by private person.

✓ current as of May 2026

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(a)   A person who is not a peace officer may arrest another
for:

             (i)   A felony committed in his presence;

          (ii) A felony which has been committed, even though
not in his presence, if he has probable cause to believe the
person to be arrested committed it; or

             (iii)    The following misdemeanors committed in his
presence:

                     (A)   A misdemeanor theft offense defined by W.S.
6-3-402; or

               (B) A misdemeanor property destruction offense
defined by W.S. 6-3-201.

Notes of Decisions

Cited in 3 cases, 1992–1997 · leading case: Marshall v. State, Ex Rel. Dept. of Transp., 941 P.2d 42 (Wyo. 1997).

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Marshall v. State, Ex Rel. Dept. of Transp., 941 P.2d 42 (Wyo. 1997). · cites it 4× “However, DOT argues that in the situation where a peace officer is outside his jurisdiction, the officer can make a warrantless arrest as a private citizen pursuant to W.S. 7-8-101. We need not address this argument because the arrest in this case clearly falls outside the reach…”

State v. Stahl, 838 P.2d 1193 (Wyo. 1992). · cites it 2× “However, Wyoming’s citizen’s arrest statute, Wyo.Stat. § 7-8-101 (1987), does not authorize private citizens to make misdemeanor DWUI arrests.”

Marshall v. State ex rel. Dep't of Transp., 941 P.2d 42 (Wyo. 1997). · cites it 4× “However, DOT argues that in the situation where a peace officer is outside his jurisdiction, the officer can make a warrantless arrest as a private citizen pursuant to W.S. 7-8-101. We need not address this argument because the arrest in this case clearly falls outside the reach…”

— Wyo. Stat. § 7-8-101(a) — 2 cases

Marshall v. State, Ex Rel. Dept. of Transp., 941 P.2d 42 (Wyo. 1997). “However, DOT argues that in the situation where a peace officer is outside his jurisdiction, the officer can make a warrantless arrest as a private citizen pursuant to W.S. 7-8-101. We need not address this argument because the arrest in this case clearly falls outside the reach…”

Marshall v. State ex rel. Dep't of Transp., 941 P.2d 42 (Wyo. 1997). “However, DOT argues that in the situation where a peace officer is outside his jurisdiction, the officer can make a warrantless arrest as a private citizen pursuant to W.S. 7-8-101. We need not address this argument because the arrest in this case clearly falls outside the reach…”

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