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Collins V. State

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eBook details

  • Title: Collins V. State
  • Author : Supreme Court of Wyoming
  • Release Date : January 11, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

The primary issue to be resolved in this case is whether an encounter involving a police officer and Kelly J. Collins (Collins) amounted to a seizure of Collins, thus implicating his rights under the Fourth Amendment to the Constitution of the United States and Art. 1, § 4 of the Constitution of the State of Wyoming. *fn1 Collateral issues are presented including claims there was no factual basis to support the crime of burglary as defined in the statute; the court improperly refused to give the jury an instruction on the lesser included offense of criminal entry; the court improperly refused to instruct the jury on a definition of reasonable doubt; and the evidence was not sufficient to sustain a conviction of burglary. In addition, the State suggests an issue as to whether the jury instructions correctly stated the elements of the crime of burglary. We hold that not every encounter between police officers and citizens amounts to a seizure of the person of the citizen, thus implicating constitutional rights, and we conclude that none of the other claims by Collins or the suggestion by the State constitutes error requiring reversal. The judgment and sentence of the trial court is affirmed.


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