ROSE, Justice.
On November 26, 1974, defendant, Carl H. Weisser, was arrested and pleaded not guilty to charges of violating the securities laws of the State of Wyoming. On December 1, 1976, the matter was disposed of when the defendant pleaded guilty to one of the counts, while two others were dismissed. The court imposed a sentence which was suspended, providing, among other things, that Mr. Weisser would obey the law during the period of his probation, and he was then permitted to return to his [1321]*1321home state of North Dakota under the supervision of that state’s probation and parole officer.
On January 4,1979, in South Dakota, and while still on probation from the Wyoming court’s sentence, the defendant was charged with, and pleaded guilty to, violating the law in connection with the sale of securities. He was sentenced to four years in the South Dakota State Penitentiary, but the sentence was suspended, provided that he abide the court’s directions, which included the requirement that he spend 60 days in a county jail, but with work-release privileges. It was apparently contemplated that the county-jail requirement could be satisfied in appellant’s home state of North Dakota and appellant returned to North Dakota where an agreement was apparently reached with the North Dakota authorities allowing appellant to obtain treatment at the state hospital in lieu of being in the county jail subject to work release.
On January 29,1979, Robert E. Ortega of the Wyoming Department of Probation and Parole, executed and filed with the District Court of Goshen County, Wyoming, a petition for revocation of Weisser’s probation and an application for a bench warrant. The judge, on February 5,1979, determined, on the basis of the petition, that probable cause existed to believe that Weisser had violated the conditions of his Wyoming probation and signed an order for the bench warrant, which was then issued by the clerk of court. The defendant was apparently removed from the state hospital on February 12 because of the pending Wyoming extradition and was kept in jails in North Dakota until February 16, when the extradition warrant was executed. No hearing was held until February 22, 1979, when Mr. Weisser appeared before the Wyoming judge for a determination of whether his probation would or would not be revoked. At the conclusion of this hearing, the Wyoming probation was revoked and the original sentence imposed.
The first question we need consider is whether the above procedure violated the defendant’s right to due process of law. We hold that it does not.
Preliminarily, we observe that as a practical matter appellant’s liberty was, during the period of February 12-16, already subject to severe restraint because of the South Dakota sentence. However, as a legal matter, it does not appear that the State of Wyoming is chargeable with any loss of appellant’s liberty until February 16, when the warrant was executed. The United States Supreme Court has said that “execution of the warrant and custody under that warrant” is “the operative event triggering any loss of liberty attendant upon parole revocation.” Moody v. Daggett, 429 U.S. 78, 87, 97 S.Ct. 274, 279, 50 L.Ed.2d 236 (1976). Thus, a parole-revocation warrant, issued upon probable cause, was executed on February 16 and six days later appellant was given his parole-revocation hearing.
In Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), the United States Supreme Court held that a parolee 1 faced with termination of parole is entitled to a preliminary as well as a final hearing with certain due-process requirements where
“. . . (1) there was no statute or case law requiring a hearing prior to revocation, (2) the revocation hearing was conducted by an administrative agency, (3) a substantial time lag existed between the arrest and the determination to revoke parole, and (4) the parolee was arrested at a place distant from the state institution to which he was returned before a final decision on termination was made. . . . ” . People v. Jackson, 63 Mich.App. 241, 234 N.W.2d 467, 469 (1975).
Morrissey went on to hold that the procedures set out in that decision were not intended to “create an inflexible structure” for revocation of parole. We have said that Morrissey, and Gagnon v. Scarpelli, 411 U.S. [1322]*1322778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), “prescribe a minimal constitutional due process” for revocation by an administrative agency. Knobel v. State, Wyo., 576 P.2d 941, 942 (1978).
Various courts have held that the preliminary probable-cause requirement of Morris-sey is satisfied where a judge, prior to issuing a warrant for the probationer’s arrest, decides that probable cause exists to believe that the probationer has violated conditions of his probation. People v. Jackson, supra; and Singletary v. State, Fla.App., 290 So.2d 116 (1974).
In Knobel, supra, we held the probationer’s due-process rights are indeed adequately protected where the court, as in this case, not only settles the probable-cause question initially but also determines the fate of the probationer in a final revocation hearing.2 Where the court is undertaking probation revocation, Rule 33(f), W.R.Cr.P.3, requires the defendant to be present, apprised of the grounds on which the revocation is proposed, and allows him or her to be released on bond. We said in Knobel, supra, that the required hearing under this rule “provides an inherent sort of fairness which is not achieved through administrative procedures,” citing Petition of Meidinger, 168 Mont. 7, 539 P.2d 1185 (1975).
It is important to notice that the Knobel court carefully considered both Morrissey and Gagnon, supra, and observed that those decisions were concerned with fact situations where an administrative body — not a judicial officer — determined the question of
revocation of the parole or probation. We hasten to point out, unlike the situation here, those appeals were also characterized by facts with respect to which the revocation proceedings were instituted through administrative action, and, therefore, without the benefit of an initial court probable-cause determination.
Finally, we observed in Knobel that the Morrissey Court’s pronouncement that it was not its purpose
“ ‘to create an inflexible structure for parole revocation procedures,’ ” 576 P.2d at 942,
and that its intention was simply to suggest a few basic requirements is
“inconsistent with the argument that these cases [Morrissey and Gagnon ] or either of them make the so-called separate preliminary hearing a necessary element of due process when the revocation is a matter of judicial proceedings.” 576 P.2d at 942. [Bracketed matter supplied]
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ROSE, Justice.
On November 26, 1974, defendant, Carl H. Weisser, was arrested and pleaded not guilty to charges of violating the securities laws of the State of Wyoming. On December 1, 1976, the matter was disposed of when the defendant pleaded guilty to one of the counts, while two others were dismissed. The court imposed a sentence which was suspended, providing, among other things, that Mr. Weisser would obey the law during the period of his probation, and he was then permitted to return to his [1321]*1321home state of North Dakota under the supervision of that state’s probation and parole officer.
On January 4,1979, in South Dakota, and while still on probation from the Wyoming court’s sentence, the defendant was charged with, and pleaded guilty to, violating the law in connection with the sale of securities. He was sentenced to four years in the South Dakota State Penitentiary, but the sentence was suspended, provided that he abide the court’s directions, which included the requirement that he spend 60 days in a county jail, but with work-release privileges. It was apparently contemplated that the county-jail requirement could be satisfied in appellant’s home state of North Dakota and appellant returned to North Dakota where an agreement was apparently reached with the North Dakota authorities allowing appellant to obtain treatment at the state hospital in lieu of being in the county jail subject to work release.
On January 29,1979, Robert E. Ortega of the Wyoming Department of Probation and Parole, executed and filed with the District Court of Goshen County, Wyoming, a petition for revocation of Weisser’s probation and an application for a bench warrant. The judge, on February 5,1979, determined, on the basis of the petition, that probable cause existed to believe that Weisser had violated the conditions of his Wyoming probation and signed an order for the bench warrant, which was then issued by the clerk of court. The defendant was apparently removed from the state hospital on February 12 because of the pending Wyoming extradition and was kept in jails in North Dakota until February 16, when the extradition warrant was executed. No hearing was held until February 22, 1979, when Mr. Weisser appeared before the Wyoming judge for a determination of whether his probation would or would not be revoked. At the conclusion of this hearing, the Wyoming probation was revoked and the original sentence imposed.
The first question we need consider is whether the above procedure violated the defendant’s right to due process of law. We hold that it does not.
Preliminarily, we observe that as a practical matter appellant’s liberty was, during the period of February 12-16, already subject to severe restraint because of the South Dakota sentence. However, as a legal matter, it does not appear that the State of Wyoming is chargeable with any loss of appellant’s liberty until February 16, when the warrant was executed. The United States Supreme Court has said that “execution of the warrant and custody under that warrant” is “the operative event triggering any loss of liberty attendant upon parole revocation.” Moody v. Daggett, 429 U.S. 78, 87, 97 S.Ct. 274, 279, 50 L.Ed.2d 236 (1976). Thus, a parole-revocation warrant, issued upon probable cause, was executed on February 16 and six days later appellant was given his parole-revocation hearing.
In Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972), the United States Supreme Court held that a parolee 1 faced with termination of parole is entitled to a preliminary as well as a final hearing with certain due-process requirements where
“. . . (1) there was no statute or case law requiring a hearing prior to revocation, (2) the revocation hearing was conducted by an administrative agency, (3) a substantial time lag existed between the arrest and the determination to revoke parole, and (4) the parolee was arrested at a place distant from the state institution to which he was returned before a final decision on termination was made. . . . ” . People v. Jackson, 63 Mich.App. 241, 234 N.W.2d 467, 469 (1975).
Morrissey went on to hold that the procedures set out in that decision were not intended to “create an inflexible structure” for revocation of parole. We have said that Morrissey, and Gagnon v. Scarpelli, 411 U.S. [1322]*1322778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973), “prescribe a minimal constitutional due process” for revocation by an administrative agency. Knobel v. State, Wyo., 576 P.2d 941, 942 (1978).
Various courts have held that the preliminary probable-cause requirement of Morris-sey is satisfied where a judge, prior to issuing a warrant for the probationer’s arrest, decides that probable cause exists to believe that the probationer has violated conditions of his probation. People v. Jackson, supra; and Singletary v. State, Fla.App., 290 So.2d 116 (1974).
In Knobel, supra, we held the probationer’s due-process rights are indeed adequately protected where the court, as in this case, not only settles the probable-cause question initially but also determines the fate of the probationer in a final revocation hearing.2 Where the court is undertaking probation revocation, Rule 33(f), W.R.Cr.P.3, requires the defendant to be present, apprised of the grounds on which the revocation is proposed, and allows him or her to be released on bond. We said in Knobel, supra, that the required hearing under this rule “provides an inherent sort of fairness which is not achieved through administrative procedures,” citing Petition of Meidinger, 168 Mont. 7, 539 P.2d 1185 (1975).
It is important to notice that the Knobel court carefully considered both Morrissey and Gagnon, supra, and observed that those decisions were concerned with fact situations where an administrative body — not a judicial officer — determined the question of
revocation of the parole or probation. We hasten to point out, unlike the situation here, those appeals were also characterized by facts with respect to which the revocation proceedings were instituted through administrative action, and, therefore, without the benefit of an initial court probable-cause determination.
Finally, we observed in Knobel that the Morrissey Court’s pronouncement that it was not its purpose
“ ‘to create an inflexible structure for parole revocation procedures,’ ” 576 P.2d at 942,
and that its intention was simply to suggest a few basic requirements is
“inconsistent with the argument that these cases [Morrissey and Gagnon ] or either of them make the so-called separate preliminary hearing a necessary element of due process when the revocation is a matter of judicial proceedings.” 576 P.2d at 942. [Bracketed matter supplied]
We conclude that there is no violation of the rights guaranteed this defendant by the Fourteenth Amendment to the United States Constitution.
We are next asked:
Was appellant’s arrest, detention and subsequent probation-revocation hearing invalid for failure of the probation department to follow statutory requirements before applying to the district court for revocation?
The appellant argues that § 7-13-409, W.S.19774, was not complied with — that it [1323]*1323is mandatory, and therefore reversible error has-been committed because appellant was not notified of and afforded a hearing on the issue of whether probable cause existed to revoke probation.
Even though it would have been dicta, we could have, and perhaps should have, expanded the rule of Knobel, supra, to include probation proceedings which are instituted by an agency — the fact situation with which we are confronted here. Section 7-13-409, W.S.1977, was passed in response to Morrissey and Gagnon, supra, and therefore must be interpreted in that context. Those cases contemplated facts whereby revocation procedures were initially undertaken and finally resolved exclusively through the administrative process. The United States Supreme Court, therefore, was involved with insuring minimum due process for the parolee or probationer where the entire revocation proceedings were undertaken administratively. But in Wyoming, as we have said, the probationer’s due-process rights are assured when the judge receives the petition for revocation from the county attorney (Knobel) or the agency (this case) and, based thereon, gives probable-cause consideration to the issuance of an arrest warrant, and thereafter conducts a hearing with the probationer present.
The salient feature with which we are concerned, in both Knobel and this appeal, is that, while different officers have initiated the revocation proceedings — the county attorney in Knobel and the probation officer here — in both instances the request for revocation was directed to the judge and, based upon the showing in the petition, it was the judge who decided whether or not to issue a warrant for the apprehension of the defendant. Furthermore, in both instances, it was the court that decided the ultimate revocation issue.
While there is dicta in Knobel to the effect that the statute is applicable only where the agency or its representative initiates the proceeding, a completion of that thought would be that it can be applicable only where the agency initiates and conducts the final revocation proceeding.
It would be too tenuous and gossamer a distinction for this court to make — a web too finely spun — were we to hold that [1324]*1324§ 7-13-409 is not applicable where the county attorney files the revocation petition with the court but does apply when the petition is filed with the court by a probation officer.
It might be appropriate to observe that this statute (§ 7-13 — 409) is of questionable value where probation is the concern, in light of our holdings in Knobel, supra, this case, State v. Reisch, Wyo., 491 P.2d 1254 (1971), and Smith v. State, Wyo., 598 P.2d 1389 (1979). In the latter two opinions we said, in essence, that the district court never loses jurisdiction over its own probationers. In the Reisch case, we held that Rule 33(f) is consistent with the concept that courts which grant probation have inherent power to revoke it.
We do not, however, pass here upon a possible separation-of-powers issue which might be presented in a case where revocation of probation under § 7-13 — 409 is sought to be effected exclusively through the administrative processes.
We, therefore, hold that when the notification provided for in § 7-13-409(a) is received by a court, whether initiated by a county attorney or an agency, the preliminary probable-cause considerations are satisfied when the' court, based upon an evaluation of the petition’s probable-cause assertions, determines that probable cause exists and causes a warrant to be issued. Whenever proceedings are instituted by an agency official or administrative board (§ 7-13-409(a)) and the petition is addressed to an administrative officer, board or body (under § 7 — 13—409(a)), in circumstances where an administrative agency or agents will also make the ultimate revocation decision (by authority of § 7-13-409(b)), then the statute will apply and the defendant will be accorded such preliminary hearing and other rights as contemplated by Morrissey and Gagnon, supra.
Affirmed.