# Saldana v. State

> Wyoming Supreme Court · January 28, 1993 · 846 P.2d 604

URL: https://www.frixlaw.com/law-library/cases/9604112

## Case

- **Full name:** Maro SALDANA, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff)
- **Court:** Wyoming Supreme Court
- **Decided:** January 28, 1993
- **Citations:** 846 P.2d 604; 1993 Wyo. LEXIS 26; 1993 WL 15116
- **Precedential status:** Published
- **Opinion:** Concurrence by MacY
- **Judges:** MacY, Thomas, Cardine, Urbigkit, Golden
- **Cited by:** 83 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Disagreed with by Sheesley v. State, 437 P.3d 830 (2019).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9604112

## How later opinions describe it (automated extraction)

- holding that cireumstantial evidence of Sal-dana's connection with previously convicted drug dealers and the quantity and purity of cocaine ("such that it would not be likely a possessor would have acquired it for personal use") justified inference of specific intent to deliver
- holding that reasonableness of seizure of a person is determined by balancing the nature of the intrusion against the governmental interest

## Opinion text

MACY, Chief Justice,
specially concurring.
I write only to comment on the dicta in the majority opinion which states:
The protection against unreasonable searches and seizures found in the Constitution of the State of Wyoming is virtually identical to that found in the federal constitution. Even though the federal law establishes minimum requirements for individual protection and does not mandate any maximum criteria as to the degree of protection afforded an individual under state law, federal interpretations of the Fourth Amendment are regarded as persuasive and this court adheres to them closely absent some contrary direction from the legislature of the State of Wyoming.
(Citations omitted.) I do not concur with the idea that in the future we will blindly follow the United States Supreme Court’s interpretation of the Fourth Amendment to the United States Constitution when we interpret the Wyoming Constitution.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9604112. Public record. Not legal advice.