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WY: Failing to provide a basis for state constitutional review of RS, the court considers it under the Fourth Amendmenjt

By John Wesley Hall, Jr.

In raising a state constitutional challenge to a search and seizure, defendant has to "'provide a precise, analytically sound approach when advancing' such a claim." Feeney v. State, 2009 WY 67, 2009 Wyo. LEXIS 63 (May 21, 2009): [*P11] The appellant raises his claim under both the Fourth Amendment to the United States Constitution and Article 1 § 4 of the Wyoming Constitution. We have said that when a litigant endeavors to interpret the Wyoming Constitution independent of the Federal Constitution, the litigant "must provide a precise, analytically sound approach when advancing" such a claim. Vasquez v. State, 990 P.2d 476, 484 (Wyo. 1999) (citing Dworkin v. L.F.P., Inc., 839 P.2d 903, 909 (Wyo. 1992)). Six factors must be analyzed when a separate state constitutional claim has been raised: 1) the textual language; 2) the differences in the text; 3) constitutional history; 4) preexisting state law; 5) structural differences; and 6) matters of particular state or local concern...continue to full post

Full post as published by Fourth Amendment on May 26, 2009 (boomark / email).