Probable cause is generally the standard required for the police to secure a warrant to (1) arrest a person; (2) search a home, storage locker, automobile, or other place in which persons have a reasonable expectation of privacy; or (3) seize property believed to be related to a crime. This probable cause requirement is derived from the Fourth Amendment to the United States Constitution, which states that:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The probable cause required to secure an arrest warrant, for example, generally requires that there be a reasonable basis to believe the person to be arrested committed a crime. The probable cause required to secure a search warrant generally requires that there be a reasonable basis to believe there is evidence of a crime in the place the police seek to search. And the probable cause required to seize property generally requires there be a reasonable basis to believe the property is related to a crime or criminal activity.
In Wyoming, as in all states, the concept of probable cause is a critical legal standard that stems from the Fourth Amendment to the United States Constitution. This standard requires that law enforcement officers have a reasonable basis to believe that a crime has been committed before they can obtain a warrant for an arrest, conduct a search of private property, or seize items believed to be connected to criminal activity. For an arrest warrant, there must be sufficient evidence to convince a reasonable person that the suspect has committed a crime. To obtain a search warrant, police must demonstrate a reasonable likelihood that evidence of a crime will be found in the place they want to search. Similarly, to seize property, there must be a reasonable belief that the property is associated with criminal activity. Wyoming state statutes and case law align with federal law in upholding these protections against unreasonable searches and seizures, ensuring that citizens' rights are protected in accordance with constitutional standards.