§ 14-3-418 — Search warrant; when authorized; affidavit required; contents of affidavit and warrant; service and return

Wyoming § 14-3-418

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 3: PROTECTION
• Art. 4: CHILD PROTECTION ACT

Text

(a) The court or a commissioner may issue a search warrant
within the court's jurisdiction if it appears by application
supported by affidavit of one (1) or more adults that a child is
being neglected, unlawfully detained or physically abused and
his health or welfare requires that he be taken immediately into
custody, or it appears by application supported by affidavit of
one (1) or more adults that evidence of child abuse exists.
(b) The affidavit shall be in writing, signed and affirmed
by the affiant. The affidavit shall set forth:
(i) The name and age of the child sought, provided
that if the name or age of the child is unknown the affidavit
shall set forth a description of the child sufficient to
identify him with reasonable certainty and a statement that the
affiant believes the child is of age to come within the
provisions of this act;
(ii) The affiant's belief that the child sought is
being neglected, unlawfully detained or physically abused and
his health or welfare requires that he be taken immediately into
custody, and a statement of the facts upon which the belief is
based; and
(iii) The affiant's belief that evidence of child
abuse or neglect exists and could be obtained through forensic
means, and a statement of the facts upon which the belief is
based.
(c) The warrant may be directed to any law enforcement
officer of the county or municipality in which the place or
premises to be searched is located. The warrant shall:
(i) Name or describe the child sought;
(ii) Name the address or location and describe the
place or premises to be searched;
(iii) State the grounds for issuance of the warrant;
(iv) Name the person or persons whose affidavit has
been taken in support of the warrant; and
(v) Authorize the officer to whom the warrant is
directed to conduct the search and instruct him as to the
disposition of the child if found, pending further proceedings
by the court.
(d) The officer making the search may enter the place or
premises described in the warrant at any time with force if
necessary, in order to remove the child or to obtain evidence
that the child is neglected, unlawfully detained or physically
abused. The officer conducting the search shall serve a copy of
the warrant upon the person in possession of the place or
premises searched and shall return the original warrant to the
court showing his actions in the premises.