340 P.3d 1036
Wyo.2015Background
- Dustin Deen arrested for delivery of and possession with intent to deliver a controlled substance; motion to suppress evidence seized during a search of his home granted by district court.
- Warrant for the search was issued after 7:05 p.m. and signed at 9:20 p.m.; execution occurred at 10:18 p.m., after 10 p.m. allowed by Rule 41(c) without endorsement.
- The warrant stated service between 6 a.m. and 10 p.m.; investigators did not seek or obtain a nighttime endorsement.
- The district court suppressed the evidence arguing the nighttime service violated Rule 41(c) and was prejudicial; State petitioned for writ review.
- Wyoming Supreme Court reversed, concluding the Rule violation was non-prejudicial procedural error under Murray v. State and did not warrant suppression.
- The court remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service after 10 p.m. violated Rule 41(c) and required suppression | Deen argues Rule 41(c) violation is prejudicial and yields suppression | State argues rule violation is procedural, not constitutional, and harmless | No prejudicial effect; exclusion not warranted; suppression reversed |
Key Cases Cited
- Murray v. State, 855 P.2d 850 (Wy. 1993) (exclusion not required absent prejudice or deliberate disregard under Rule 41)
- Shelton, 742 F.Supp. 1491 (D. Wyo. 1990) (rule violations not sempre require suppression absent prejudice or bad faith)
- O'Rourke v. City of Norman, 875 F.2d 1465 (10th Cir. 1989) (distinguishable civil rights case; limited precedential value for exclusionary rule)
- Roose v. State, 759 P.2d 478 (Wy. 1988) (nighttime search protections; Rule 41(c) requires reasonable cause for after-hours searches)