1. The Law of Arrest:
Arrest for Misdemeanors
Arrest for Misdemeanors
Section Eleven
By Dave Delicath for
The Wyoming Law Enforcement Academy

2. Arrests for Felony
W.S. § 7-2-102(b)(ii)
W.S. § 7-2-102(b)(ii)
An officer may arrest without a warrant when:
(ii) The officer has probable cause to
believe that a felony has been committed and
that the person to be arrested has committed
it.
This is the basic rule of arrest.

3. Arrests - Misdemeanors
W.S. § 7-2-102 Preconditions for arrests.
(a) A peace officer may arrest a person when the officer has a warrant
commanding that the person be arrested or the officer has reasonable grounds
for believing that a warrant for the person's arrest has been issued in this state or
in another jurisdiction.
(b) A peace officer may arrest a person without a warrant when:
(i) Any criminal offense is being committed in the officer's presence by the
person to be arrested;
(iii) The officer has probable cause to believe that a misdemeanor has been
committed, that the person to be arrested has committed it, and that the
person, unless immediately arrested:
(A)will not be apprehended;
(B) may cause injury to himself or others or damage to property; or
(C) may destroy or conceal evidence of the commission of the
misdemeanor.

4. Arrests - Misdemeanors
The “presence” requirement under W.S. § 7-2-102 (b) (i):
(i) Any criminal offense is being committed in the officer's presence by the person to be
arrested;
“Presence” means that the officer must personally observe the misdemeanor being
committed before making an arrest.
Courts generally have held that a misdemeanor is committed in an officer’s “presence” if
the officer is able to perceive it through any of the five senses. State v. Hines, 504 P.2d 946
(Az. App. 1973).
The “presence” requirement is also satisfied by a defendant’s admission of guilt. People v.
Ward, 252 N.W. 2d 514 (Mich. App. 1977).
Information from other witnesses may not be used to satisfy the “presence” requirement.
People v. Dison, 222 N.W.2d 749 (Mich. 1974).
An officer has no authority to arrest without a warrant for a past or completed
misdemeanor, even if the offender is still at the crime scene.
Exception: W.S. § 7-2-102 (b) (iii) (A) (B) and (C) may allow arrest.
If the violation was not committed in the officer’s presence the officer may either:
Issue a citation; or
Identify the offender and apply for an arrest warrant.

5. Arrests - Misdemeanors
One more exception to the “presence”
requirement:
Wyo. Stat. § 23‑6‑101 allows for the
warrantless arrest of persons who violate
Wyoming’s Game and Fish laws.

6. Arrests - Misdemeanors
Another Exception to W.S. § 7-2-102 (b) (i):
W.S. § 31-5-1204
(a) The authority of a police officer to make an arrest is the same as upon an arrest
for a felony when the officer has reasonable and probable grounds to believe that
the person arrested has committed any of the following offenses and the manner of
making arrests shall be as in misdemeanor cases:
(i) Negligent homicide or homicide by vehicle;
(ii) Driving or being in actual physical control of a vehicle while under the influence
of alcohol or any substance;
(iii) Failure to stop, failure to give information or failure to render reasonable
assistance, in the event of an accident resulting in death or personal injuries;
(iv) Failure to stop or give information in the event of an accident resulting in
damage to a vehicle or other property;
(v) Reckless driving;
(vi) Racing on the highway; or
(vii) Willfully fleeing from or attempting to elude a police officer.

7. Arrests - Misdemeanors
One final exception:
W.S. § 7-3-508 (c) allows for immediate arrest
of an individual willfully violating a
temporary stalking order of protection.
W.S. § 7-3-509 (c) allows for immediate arrest
of an individual willfully violating a final
stalking order of protection.

8. Thank You.