§ 18-12. Same—Arrests without warrant— When permitted; issuance of citation in lieu of arrest.


Latest version.
  • A police officer may arrest a person without a warrant and detain him until a legal warrant can be obtained when:
    A. 
    Any criminal offense is being committed in his presence by the person to be arrested; or
    B. 
    He has reasonable grounds to believe that a felony, as defined by Wyoming Statutes, 1977, section 6-1-102, has been committed, and he has reasonable grounds for believing that the person to be arrested has committed such felony; or
    C. 
    A misdemeanor, as defined by Wyoming Statutes, 1977, section 6-1-102, has in fact been committed, and the police officer has reasonable grounds for believing that the person to be arrested has committed such misdemeanor and has reasonable grounds for believing that the person:
    (1) 
    Will not be apprehended unless immediately arrested; or
    (2) 
    May cause injury to himself or others or damage to property unless immediately arrested; or
    (3) 
    May destroy or conceal evidence of the commission of such misdemeanor.
    A police officer may, in the exercise of his discretion, issue a citation to a person, in lieu of arrest, when a misdemeanor has been or is being committed by the person in the officer's presence, or if a warrant has been issued and the misdemeanor committed does not involve continuing or further property destruction, violence, bodily injury or disturbance of the peace.