§ 14-6-218 — Search warrant; when authorized; affidavit required; contents of affidavit and warrant; service and return

Wyoming § 14-6-218

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 6: JUVENILES
• Art. 2: JUVENILE JUSTICE 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 there is
probable cause to believe a child has committed a delinquent act
and the child is in hiding to avoid service of process or being
taken into custody, or it appears by application supported by
affidavit of one (1) or more adults that there is probable cause
to believe a child has committed a delinquent act.
(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; and
(ii) The affiant's belief that the child sought has
committed a delinquent act and is in hiding to avoid service of
process or being taken into custody, and a statement of the
facts upon which the belief is based.
(iii) Repealed By Laws 1997, ch. 199, § 3.
(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 a delinquent act has been committed. 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.