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Violations of Fed. R. Crim. P. 41 alone do not lead to exclusion unless: (1) there was prejudice in the sense that a search may not have occurred or would not have been so abrasive if the Rule 41 had been followed; or (2) there is evidence of intentional and deliberate disregard of a provision in the Rule 41. Although this test is phrased in terms of a search warrant, the same questions of "prejudice" and "intentional and deliberate disregard" are appropriate for deciding whether evidence obtained in violation of Wyo. R. Crim. P. 4(c)(3) (revised 1992) should be excluded.
Defendant Donald Murray and the victim got into an argument while drinking. Later that night, the victim returned to defendant's house. Defendant fired a handgun several times. A bullet ricocheted off a rock, severing the victim's femoral artery. The victim died several hours later. Defendant was arrested but was not informed of the charges against him. Thereafter, defendant was convicted of involuntary manslaughter in violation of § 6-2-105(a)(ii), (b) (1988), ordered to pay restitution, and was assessed penalty payable to the victim's compensation fund. Appellant filed a timely appeal with the state supreme court.
The Court held that, although the failure to timely notify defendant of the charges against him was a violation of Wyo. R. Crim. P. 4(c)(3) (revised 1992), defendant's arrest was not illegal. Further, because the violation was not the result of the officers' bad faith and did not prejudice defendant, the exclusion of defendant's statements was not warranted. However, the Court has set aside the assessed penalty because the trial court failed to determine whether defendant had the ability to pay, as required by Wyo. Stat. Ann. § 1-40-119 (Supp. 1992).