§ 7-20-102 — Arrests without warrant

Wyoming § 7-20-102

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 20: FAMILY VIOLENCE

Text

(a) In addition to arrests specified in W.S. 7-2-102, any
peace officer who has probable cause to believe that a violation
of W.S. 6-2-510(a) or 6-2-511(a) has taken place within the
preceding twenty-four (24) hours or is taking place or that a
violation of W.S. 6-2-502(a) or 6-2-504(a) or (b) has taken
place within the preceding twenty-four (24) hours or is taking
place and that the person who committed or is committing the
violation is a household member as defined by W.S.
35-21-102(a)(iv), may arrest the violator without a warrant for
that violation, regardless of whether the violation was
committed in the presence of the peace officer.
(b) A peace officer, without a warrant, may arrest and
take into custody a person if:
(i) An order of protection has been issued by a
circuit or district court as authorized by W.S. 35-21-104 or
35-21-105 stating on its face the period of time for which the
order is valid and specifically restraining or enjoining a
household member, as defined by W.S. 35-21-102(a)(iv), from
entering onto premises, from physical abuse, threats of personal
abuse or acts which unreasonably restrain the personal liberty
of any household member, or from abducting, removing or
concealing any child in the custody of another household member
or from transferring, concealing, encumbering or otherwise
disposing of petitioner's property or the joint property of the
parties;
(ii) A true copy and proof of service of the order
has been filed with the sheriff's office having jurisdiction of
the area in which the moving party resides;
(iii) The person named in the order has received
notice of the injunctive order;
(iv) The person named in the order is acting in
violation of the order or the peace officer has probable cause
to believe that the person violated the order within the
preceding twenty-four (24) hours; and
(v) The order states on its face that a violation of
its terms subjects the person to a criminal penalty pursuant to
W.S. 6-4-404.