Guzman v. State

In Guzman v. State, 2003 WY 118, 76 P.3d 825, (Wyo. 2003), the Court was asked to consider the constitutionality of a search under Article 1, 4 of the Wyoming Constitution. That case involved a consent search. The Court said: Both the Fourth Amendment to the United States Constitution and Article 1, Section 4 of the Wyoming Constitution provide citizens with protection from unreasonable searches and seizures. However, "neither the federal nor the state constitution forbids all searches and seizures; rather, they prohibit unreasonable searches and seizures." We have stated that under both constitutions, warrantless searches and seizures are per se unreasonable, with a few specifically established exceptions. These specific exceptions include: search of an arrested suspect and the area within his control; a search conducted while in hot pursuit of a fleeing suspect; a search and/or seizure to prevent the imminent destruction of evidence; a search and/or seizure of an automobile upon probable cause; a search which results when an object is inadvertently in the plain view of police officers while they are where they have a right to be; a search and/or seizure conducted pursuant to consent; a search which results from an entry into a dwelling in order to prevent loss of life or property.