Civics

America 250 Celebration Lights Up the Sky

Publisher — Sat, 11 Jul 2026 05:00:00 +0000

America 250 Celebration Lights Up the Sky

Publisher Sat, 07/11/2026 - 07:00

By Dana Davis

Reporter, Carbon County Comet

As fireworks burst over Rawlins this Fourth of July, the brilliant display marked more than the nation’s 250th birthday. It celebrated a milestone that connects generations of Americans to the ideals first set forth in the Declaration of Independence in 1776.

Across Carbon County, families gathered in parks, neighborhoods and community celebrations to honor America’s semiquincentennial with parades, music, food and the familiar crackle of fireworks overhead. While the festivities offered an evening of entertainment, they also served as a reminder of the freedoms and responsibilities that have shaped the United States for two and a half centuries.

This year’s celebration carried added significance as communities nationwide commemorated 250 years since the nation’s founding. The anniversary recognizes the courage of those who declared that all people are created equal and possess the unalienable rights of life, liberty and the pursuit of happiness.

That declaration sparked a revolution and ultimately led to the birth of a nation founded on representative government and individual liberty. Though the country has changed dramatically over the past 250 years, the principles outlined in the Declaration continue to influence American life today.

The anniversary also provides an opportunity to reflect on the ongoing work of democracy. The freedoms Americans enjoy today were secured through the sacrifices of generations who served in the military, protected constitutional rights and worked to expand liberty and equality for future generations.

Communities like Rawlins demonstrate those values through volunteerism, public service and civic engagement. Whether serving on local boards, coaching youth sports, supporting nonprofit organizations or casting a ballot during elections, citizens continue the work of strengthening their communities and preserving democratic institutions.

The Fourth of July also reminds Americans that the nation’s story is still being written. Each generation inherits both the achievements and challenges of those who came before and has the opportunity to shape the future through participation, respect for others and commitment to the common good.

Federal Funding Fuels Major Patrol Vehicle Upgrade in Carbon County

Publisher — Sat, 21 Feb 2026 06:00:00 +0000

Federal Funding Fuels Major Patrol Vehicle Upgrade in Carbon County

Publisher Sat, 02/21/2026 - 07:00

Carbon County Sheriff

Alex Bakken

One of the numerous challenges that accompanies keeping the peace across a county the size of ours is maintaining a fleet of industry compliant, reliable patrol vehicles. It seems like just yesterday I was climbing into my first patrol vehicle, a stock 2010 Ford F150 with 205,000 miles on the odometer, no radar, and a Vietnam-era M16 wedged in between the passenger seat and the center console. Thanks to support from our County Commissioners and elected officials, our deputies now operate law enforcement specific vehicles equipped with standard issue radar units, rifle locks, and fully enclosed plexiglass transport cages.

In keeping with this progression, we are extremely excited to announce that our sheriff’s office has recently been awarded $600,000 in federal funding to continue modernizing our fleet of patrol vehicles, marking a truly significant investment in deputy safety and operational readiness across one of Wyoming’s largest counties. The funding allotment was included in H.R. 6938, which was signed by President Trump on January 23, 2026. The $600,000 allotment will allow our office to procure new, industry-standard Police Pursuit Vehicles (PPVs) and establish an ongoing fleet replacement plan while maintaining reliable spare units.

This grant award comes after two years of continued effort, including a rejected initial application and multiple rounds of revisions and resubmissions. Commissioner Gwynn Bartlett played a pivotal role in assisting our office in procuring this funding, and it marks a very real recognition of the challenges rural law enforcement agencies face in maintaining safe and reliable equipment.

As most of you already know, Carbon County encompasses nearly 8,000 square miles of rugged terrain, and our deputies routinely log extensive mileage responding to calls for service, transporting inmates, conducting patrols, and assisting neighboring agencies. Thanks to the geographic nature of our county, our patrol vehicles rack up the mileage quickly, accelerating wear and tear and shortening the practical service life of our units.

Maintaining a fleet that meets current industry standards is critical for both deputy safety and public protection. Modern PPVs are equipped with advanced safety features such as improved braking and handling systems, reinforced frames, and robust electrical systems capable of supporting today’s in-car technology (think computers, radios, radar units, etc.) Older, outdated vehicles not only increase maintenance costs, but also present safety risks during high-speed responses, inclement weather operations, and vehicular pursuits.

Our long-term goal (as funding streams allow) is to incorporate a steady planned influx of updated patrol vehicles at regular intervals. Consistent replacement cycles help prevent large-scale fleet failures, reduce patrol vehicle downtime, and ensure that reliable backup units are available to our deputies when primary vehicles are out of service. Proactive fleet management also allows our office to better mitigate long-term costs by avoiding excessive repair expenses associated with aging, high-mileage units.

Over the past three years, our sheriff’s office has made considerable progress in replacing our aging fleet. This latest funding influx will allow critical updates to continue without interruption, strengthening our ability to serve the residents of Carbon County while keeping our deputies safe.

We would like to express our utmost gratitude to Commissioner Gwynn Bartlett, U.S. Representative Harriet Hageman, Merchant McIntyre and Associates, and the people of Carbon County for their support and assistance.

As always, thank you for reading!

-Alex

City Manager Role Explained

Publisher — Sat, 03 Jan 2026 08:00:00 +0000

City Manager Role Explained

Publisher Sat, 01/03/2026 - 09:00

A Minute with the Manager

Matt Hall, Interim Manager, City of Rawlins

Greetings,

As the Interim City Manager for Rawlins, I’d like to take a little time each month to touch base with all of you about what’s happening in the City. I’ll be putting a brief update in the utility bills, newspapers, and online to share the updates I find most interesting about what is happening, so make sure to check it out.

It has now been three months since the City Council hired me as your Interim City Manager, and I see real opportunity ahead. Rawlins is uniquely positioned at the crossroads of the Continental Divide Trails, the Transcontinental Railroad, the original U.S. Air Mail route, the Oregon Trail, and the Lincoln Highway—now Interstate 80. This history, combined with our location nearly 100 miles from the nearest sizable city in any direction, creates both challenges and opportunities that require collaboration and thoughtful planning.

Rawlins also possesses the strengths that define Wyoming communities: pride, independence, and resilience. These qualities provide a strong foundation for building a safe, welcoming, and vibrant city. I am committed to building public trust through staff professionalism, fiscal responsibility, and strong relationships—both within the city and with our regional partners.

I’d also like to share information about the City Manager form of government. Rawlins operates under a Council–Manager form of government, a system designed to combine democratic leadership with professional management. Under this model, City Council members are elected by the public and are responsible for setting the city’s overall direction. This includes adopting ordinances and resolutions, approving the annual budget, and establishing priorities that reflect the needs of our community. Mayor Jacqueline Wells presides over Council meetings and represents the city, while decisions are made collectively by the full Council.

The City Manager is responsible for carrying out the policies set by the Council, overseeing daily operations, managing city departments, and ensuring services are delivered efficiently, safely, and responsibly. This form of government is used by many communities across Wyoming because it balances accountability to voters with professional administration. Elected officials remain directly accountable to the public, while trained staff focus on operations, fiscal responsibility, and long-term planning.

As we work our way into the new year, I look forward to getting to know Rawlins, Carbon County, and most importantly, the people who call this community home.

Sincerely, Matt Hall

Interim City Manager

mhall@rawlinswy.gov

307-328-4500

About Matt Hall, Interim Manager

Hall is a life-long Wyoming resident who graduated from the University of Wyoming with a Master of Public Administration. Hall served as the full-time Mayor of Cody from 2017 to 2024, which included leading a similarly sized organization, both in terms of budget and staff size. Hall has relocated to Rawlins during his appointment as Interim City Manager. He enjoys hunting, golfing, fishing, and working out.

Mandatory Disposal of Bureau of Land Management and National Forest System Land for Housing–How it Could Affect Carbon County

Publisher — Sun, 29 Jun 2025 04:00:00 +0000

Mandatory Disposal of Bureau of Land Management and National Forest System Land for Housing–How it Could Affect Carbon County Publisher Sun, 06/29/2025 - 06:00

Press Release

Carbon County Sheriff Alex Bakken

As most of our county citizens are aware, there is a public land sell-off proposal included in the latest version of the U.S. Senate’s budget package (Subtitle C-Lands, SEC. 0031. Mandatory Disposal of Bureau of Land Management Land and National Forest System Land for Housing).

One of the greatest assets Carbon County possesses is our vast expanses of public land, providing thousands of acres of accessible outdoor recreation opportunities for both our residents and visitors, all while driving a robust tourism economy.

From the Snowy Range Mountains in the east to the Sierra Madre Range Mountains in the west, Carbon County is truly a special place to live and recreate.

This is a contentious issue, and it is incumbent upon us as residents to be as well-informed as possible in order to construct intelligible opinions and voice them via the appropriate channels.

The link to the bill is as follows: https://www.energy.senate.gov/.../DF7B7FBE-9866-4B69-8ACA... Subtitle C begins on page 30.

There are many things that make Carbon County great, and our vast expanses of public land is certainly one of them.

If you would like to contact our respective Senators or Representatives regarding this development, please find their contact information below or visit their respective websites:

Senator John Barrasso

- Office: (202) 224-6441

Senator Cynthia Lummis

- Office: (202) 224-3424

Representative Harriet Hageman

- Office: (202) 225-2311

Property Tax Relief Could Cost Carbon County in Public Safety and Services

Publisher — Sat, 21 Jun 2025 05:00:00 +0000

Property Tax Relief Could Cost Carbon County in Public Safety and Services Publisher Sat, 06/21/2025 - 07:00

Carbon County Sheriff

Alex Bakken

Hello Carbon County! Thank you for being patient with my intermittent articles as I continue to work through my college classes, which unfortunately restrict my writing time!

As the new fiscal year approaches, I wanted to briefly discuss Wyoming’s Property Tax Reduction Act, and what it will likely mean for first responders and public safety entities.

Wyoming’s 2025 Property Tax Reduction Act (SF 69/HB 169) will reduce residential property taxes by 25% on the first $1 million of a home’s value for a two-year period. While offering immediate relief to homeowners, which many find immensely beneficial, this act will negatively impact public safety services throughout Carbon County. The reduction of county revenue derived from property tax means that critical local government funding—funding that is the backbone of public safety and emergency response, will be reduced.

Property tax revenue doesn’t flow to the state—rather, it fuels libraries, hospitals, road and bridge departments, emergency management entities, and our sheriff’s offices. Collectively, emergency response personnel and public safety professionals across Wyoming have warned that dramatic budget reductions will force painful cuts to staffing, equipment maintenance, and emergency response capacity.

With the lingering repercussions of inflation and post-pandemic cost increases, the timing of this act is far from perfect. Fire districts, law enforcement agencies, and emergency medical teams are still coping with the skyrocketing costs of unfunded mandates, subscription-based support services, and maintaining industry standards that ensure responder and public safety. Deprived of this much-needed funding source, first responders may face layoffs, postponed equipment maintenance, and slower response times, putting every Wyomingite’s safety at risk.

What do these ramifications look like for a county like ours? As most of our residents are well aware, Carbon County is big. When it comes to landmass, our county is in the top 3 in the state, alongside Sweetwater and Fremont. While our landmasses are comparable, our populations are not. As of 2023, Sweetwater County had 41,249 citizens, Fremont had 39,815, and Carbon County had only 14,334, less than half of both Sweetwater and Fremont. While many of us enjoy fewer people and more open spaces, the lack of population drastically reduces our tax base and makes providing emergency services across such a vast expanse of land extremely difficult.

In short, while the Act will likely deliver short-term tax savings for homeowners, I fear that we as citizens may lose a far greater amount in terms of services, both emergency response and public benefits (libraries, museums, etc..). Furthermore, the reduced operational capacity that these impending budget cuts will likely bring may very likely place the state’s most vulnerable residents and the public entities tasked with protecting and serving them in peril.

As always, thank you for reading!

-Sheriff Alex Bakken

Ten Myths about the Flag

Publisher — Sat, 21 Jun 2025 05:00:00 +0000

Ten Myths about the Flag Publisher Sat, 06/21/2025 - 07:00

By Mike Armstrong

Reporter, Carbon County Comet

According to the American Legion, these are the top 10 myths about the American flag that Americans should know that are not true. June 14 was Flag Day and this is the time to recognize what is true and not true about the American Flag.

The American Legion points out:

“The Flag Code is The American Legion Flag Code.

On Flag Day, June 14, 1923, The American Legion and representatives of 68 other patriotic, fraternal, civic and military organizations met in Washington, DC for the purpose of drafting a code of flag etiquette. The 77th Congress adopted this codification of rules as public law on June 22, 1942. It is Title 4, United States Code Chapter 1.

A flag that has been used to cover a casket cannot be used for any other proper display purpose.

A flag that has been used to cover a casket can be used for any proper display purpose to include displaying this flag from a staff or flagpole.

The Flag Code prohibits the display of a United States flag of less than 50 stars.

According to the U.S. Army Institute of Heraldry the United States flag never becomes obsolete. Any officially approved American flag, irrespective of the number or arrangement of the stars and/or stripes may continue to be used and displayed until no longer serviceable.

The Flag Code does provide for penalties for violations of any of its provisions.

The Flag Code is simply a guideline for proper flag etiquette. The law does not provide penalties for violation of any of its provisions.

You must destroy the flag when it touches the ground.

As long as the flag remains suitable for display, the flag may continue to be displayed as a symbol of our great country.

The Flag Code prohibits the washing or dry-cleaning of the flag.

There are no provisions of the Flag Code, which prohibit the washing or dry-cleaning of the flag. The decision to wash or dry-clean would of course depend upon the type of material.in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.”

The mayor, a town official, or the Post Commander can order the flag to be displayed at half-staff.

The gesture of placing the flag at half-staff means that the Nation or the state mourns the death of a highly regarded National or state figure, hence only the President of the United States or the Governor of the state may order the Flag to be half-staffed in accordance with Flag Code section 7(m). Those individuals and agencies that usurp authority and display the flag at half-staff on inappropriate occasions are quickly eroding the honor and reverence accorded this solemn act.

The Flag Code states that when the flag is no longer a fitting emblem for display it is to be disposed of by burning in private.

The Flag Code as revised and adopted by the Congress of the United States in 1942 has never included the word(s) “private” or “in privacy.” Section 8(k) of the Flag Code states: “The flag, when it is in such a condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.” Since 1937, The American Legion has promoted the use of a public flag disposal ceremony. This ceremony is a fitting tribute and an overt expression of patriotism, which enhances the public’s understanding of honor and respect due the American flag.

The Flag Code prohibits the “fringing” of the flag.

Fringing of the flag is neither approved of nor prohibited by the Flag Code. The American Legion considers that fringe is used as an honorable enrichment to the Flag. Additionally the courts have deemed without merit and frivolous, lawsuits that contend that the gold fringe adorning the flag conferred Admiralty/Maritime jurisdiction.”

A United States Flag Funeral

Publisher — Sat, 21 Jun 2025 05:00:00 +0000

A United States Flag Funeral

Publisher Sat, 06/21/2025 - 07:00

By Mike Armstrong

Reporter, Carbon County Comet

“I am glad to see the roasting of these flags getting the proper burial, not like they are doing in Los Angeles,” Mike Ryan, a Veteran in Hanna, said. “This is how you say goodbye to Old Glory. We should be respectful.”

His wife Pat Ryan, also a Vet, said, “I am just glad to be here and I thank all the Veterans that didn’t make it home so that I can have the life that I have.”

The Ryans were at a ceremony retiring 130 flags that had been collected for about four years. That is when the last roasting happened in Hanna.

Mike Ryan pointed out that the town of Hanna should have flags flying always at the Veterans Park.

“A Veteran’s park is paying homage to those who didn’t make it back,” Mike Ryan said. “These Vets paid the ultimate price for their country and any Veterans park anywhere in America should have the flags flying every day.

A town council member sitting next to him said she was listening to his words and would relay them.

She was touched by Mike Ryan’s passionate words and the ceremony itself.

“I get really emotional when talking about our flag and the people who served defending our country,” Hanna council member Ellen Freeman said. “I think it is awesome to honor all the Veterans at this ceremony. I am a daughter of a World War II Vet, and we need to remember what people have done for our country, and I don’t believe we are taught that as much as we should.”

Freeman admits she knows more about World War II than the more recent wars.

“Seeing the Vets from the different wars does make me want to learn more,” Freeman said. “I do wish there were a larger turnout of young people. This ceremony is important and we should never forget these men and women.”

The ceremony of retiring flags has specific rules set by the Department of Defense.

To retire a flag, there are many state and county government offices, plus Veterans of Foreign Wars (VFW) posts, police stations, which have flag disposal boxes outside of their buildings. Once full, different organizations such as American Legions, VFWs, the Girl Scouts and Boy Scouts collect the flags and hold them for the “roasting ceremony,” which serves as a military funeral for these flags.

According to the Department of Defense, “Rules on how to properly fly the flag were established in June 1923, when the National Flag Conference met in Washington. Its members created the Flag Code, which states that ‘the flag represents a living country and is itself considered a living thing.”

The Department of Defense said, “The American Legion passed a resolution about flag retirement ceremonies in 1937, and they’ve been an important ritual ever since. According to the resolution, “The approved method of disposing of unserviceable flags has long been that they be destroyed by burning.”

The U.S. flag is considered such a sacred symbol that burning it in an undignified manner constitutes desecration. That’s why the ceremonies are held in a specific manner.”

Because June 14 is Flag Day, this is usually the day the flags not to be used are retired.

The American Legion has extensive protocols when retiring a flag, which many Americans might not realize.

It is explained on their website.

“The Ceremony for Disposal of Unserviceable Flags is outlined in Resolution No. 440, passed by the 19th National Convention of The American Legion in New York, September 20-23, 1937. The ceremony has been an integral part of American Legion ritual since that date. The resolution reads as follows:

‘Americanism has been and should continue to be one of the major programs of The American Legion; and the observance of proper respect for the Flag of our country and the education of our citizenry in the proper courtesies to be paid the Flag is an essential element of such Americanism program; and it is fitting and proper that Flags which have been used for the decoration of graves on Memorial Day be collected after such service, inspected, and worn and unserviceable Flags be condemned and properly destroyed; and the approved method of disposing of unserviceable Flags has long been that they be destroyed by burning, but no ritual for such destruction or ceremony in connection therewith has been adopted by The American Legion or included in its official manual of Ceremonies’”

There are words to be adhered to in the ceremony, which was done at the Hanna ceremony. Unserviceable flags are presented to the commander. They are inspected by the commander, who at the Hanna Ceremony was Steve Bonner.

The flags are given another inspection and then honorably discharged into the fire that is their final resting spot.

There is a speech to honor the flags from the American Legion

“A Flag may be a flimsy bit of printed gauze, or a beautiful banner of finest silk. Its intrinsic value may be trifling or great; but its real value is beyond price, for it is a precious symbol of all that we and our comrades have worked for and lived for, and died for a free Nation of free men, true to the faith of the past, devoted to the ideals and practice of Justice, Freedom and Democracy.

Let these faded Flags of our Country be retired and destroyed with respectful and honorable rites and their places be taken by bright new Flags of the same size and kind, and let no grave of our soldier or sailor dead be unhonored and unmarked. Sergeant-at-Arms, assemble the Color Guard, escort the detail bearing the Flags and destroy these Flags by burning. The members shall stand at attention.”

After the speech, a prayer is given.

“We thank Thee for our Country and its Flag, and for the liberty for which it stands. “To clean and purging flame we commit these Flags, worn out in worthy service. As they yield their substance to the fire, may Thy Holy Light spread over us and bring to our hearts renewed devotion to God and Country. Amen.”

For Veterans and Americans, this ceremony is incredibly moving. Tears come to Veterans’ eyes as they watch the flags put to rest.

“I really appreciate this ceremony,” Butch Ogmasvee, a Veteran, said as he looked at the fire. “What else can you say?“

Debbie Schasteen, the organizer of the ceremony held at the Hanna Senior Center, where she is director, was pleased with the turnout, but like Freeman, was sad to see few of the younger generation.

“The flag retirement ceremony started here four years ago and we wanted the Boy Scouts to participate, but we do not have a Boy Scouts troop here, so we had the Girl Scouts participate,” Schasteen said. “These are not only flags from Hanna, but also Medicine Bow.”

“I think it is very important to honor our Veterans,” Hanna resident Dorla Baker said. “That is why I enjoy putting the flags out (Baker is talking about the Avenue of Flags that she and a couple of volunteers put out on any day commemorating Veterans). Sometimes it is hard to get people to help, but the people who volunteer know we are honoring those who should be.”

“I want to thank all the Veterans who fought for our flag,” Schasteen said. “They should be honored every chance we can.”

After the ceremony, Wee Folks Day Care rustled up lunch for everyone to enjoy. The ladies who run the center wanted the Veterans to know they are special and serving food was a way to do it.

Steve Bonner from American Legion Post 64 in Elk Mountain/Medicine Bow was asked to be the Commander running the flag retirement ceremony and said the retirement ceremony was timely.

“America is hurting and there is a loss of respect for the flag, and I think we need to respect our flag, because then we will grow from that, and that is how we become a great nation,” Bonner said. “I have been wanting to build an urn to put these ashes in and I got the town approval (Medicine Bow) and it looks like it will be at the museum. I have a lot of respect for those who served the flag and our Country and it is good to honor them along with the flag.”

Some Americans might not know when Flag Day is and less about a flag’s retirement. However, it is heartening that there are still many who honor and respect the day and the ceremony.

Flag Day Honors the History of the American Flag

Publisher — Sat, 14 Jun 2025 22:28:34 +0000

Flag Day Honors the History of the American Flag

Publisher Sun, 06/15/2025 - 00:28

By Dana Davis

Reporter, Carbon County Comet

Flag Day in the United States is observed on June 14. It is a day that honors the adoption of the American flag in 1777. While it is not a federal holiday, the day is recognized across the country with ceremonies, educational programs, and displays of patriotism.

Flag Day is closely tied to the American Revolution, as it commemorates the birth of the national flag during the struggle for independence. On June 14, 1777, the Second Continental Congress resolved that “the flag of the thirteen United States be thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing a new constellation.” This resolution established the original Stars and Stripes as the official national flag, replacing previous colonial banners.

The design has changed over time as new states entered the Union. Today, the United States flag has 13 stripes representing the original colonies and 50 stars representing the states. The colors themselves also carry meaning; red symbolizes valor and bravery, white stands for purity and innocence, and blue signifies vigilance, perseverance and justice.

Although no official documentation confirms who sewed the first American flag, Betsy Ross, a Philadelphia seamstress and upholsterer, is associated with its creation. According to tradition, Ross was approached in 1776 by George Washington and a committee from the Continental Congress to produce a flag for the new nation. Some historians debate the accuracy of this account due to a lack of contemporary evidence, but the story remains an enduring part of American folklore and is often included in educational Flag Day observances.

The idea of an annual day to honor the flag was popularized in the late by Bernard J. Cigrand, a Wisconsin schoolteacher, who is credited with organizing the first formal Flag Day observance at the Stony Hill School in Waubeka, Wisconsin, in 1885. Cigrand spent much of his life promoting the idea nationally.

President Woodrow Wilson issued a proclamation in 1916 establishing June 14 as Flag Day and in 1949, Congress passed a law designating it as a national observance. President Harry S. Truman signed the legislation into law, although it remains a non-federal holiday.

Communities around the U.S. mark the day with parades, flag retirement ceremonies, and lessons about U.S. history and civics. The National Flag Day Foundation, based in Pennsylvania, hosts annual events and encourages schools to teach proper flag etiquette and the symbolism behind the design.

Although the daily recitation of the Pledge of Allegiance has been removed from many American public schools in recent years, it is an important part of our nation’s civic tradition.

The Pledge of Allegiance holds special significance on Flag Day because it is a direct expression of loyalty to the American flag and the values it represents.

“I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”

As Flag Day honors the adoption of the nation’s flag, the pledge serves as a reminder of the unity, freedom, and commitment to justice that the flag symbolizes. Reciting the pledge during Flag Day observances reinforces the meaning behind the Stars and Stripes and connects us to a sense of national identity and purpose.

Honoring the flag on this day serves as a reminder of the sacrifices made during the Revolution and the enduring principles the United States was founded upon.

For information on proper flag etiquette, the United States Flag Code can be found on the American Legion website at https://www.legion.org/advocacy/flag-advocacy/flag-code.

You have the right to remain silent: Common misconceptions regarding Miranda Rights

Publisher — Sat, 10 May 2025 05:00:00 +0000

You have the right to remain silent: Common misconceptions regarding Miranda Rights Publisher Sat, 05/10/2025 - 07:00

Carbon County Sheriff

Alex Bakken

We’ve all heard the line before. Almost every police movie or TV show worth its salt inevitably depicts a police officer handcuffing a suspect while saying “You have the right to remain silent! Anything you say can and will be used against you in a court of law.” Even though we’ve all heard it, how many of us actually know what it is? Despite being a staple in almost every arrest scene to ever grace a TV screen, there are only certain instances and circumstances that require the use of what is called a “Miranda Warning.”

When you hear your favorite actor telling a suspect that they have the right to remain silent, they’re advising that suspect of their constitutional rights under a U.S. Supreme Court Decision from Miranda v. Arizona, 384 US 436 (1966,) or at least a portion of these rights.

The complete Miranda Advisement, or Miranda Warning, also includes the right to consult with an attorney, the right to have an attorney present during questioning, and the right to have an attorney appointed if indigent (unable to afford an attorney.) The complete inventory of rights included in a Miranda Warning stems from the Fifth Amendment (privilege against self-incrimination,) and the Sixth Amendment (right to counsel.) These portions of a Miranda Warning are not Hollywood-worthy since a movie Miranda Warning rarely ventures past the right to remain silent.

Does this mean that anytime a suspect is arrested by law enforcement they need to be read a Miranda Warning? Perhaps surprisingly for some, the answer is no. There are certain circumstances called “preconditions” that need to be present to require a law enforcement officer to advise a subject of their rights under Miranda.

For a Miranda Warning to be constitutionally required, two specific preconditions must be met. First, the subject in question must be detained, or “in custody.” This could mean being under arrest, investigative detention, etc. The second condition that needs to be met is the subject must be being “interrogated,” or being asked questions designed to “elicit a testimonial response.” Think of questions such as “Did you do it?” or “How did you do it? etc... A subject under arrest who is being asked questions such as “What did you have for breakfast?” or “Did you draw any good tags this year?” would not be subject to a Miranda Warning since the questions being asked are not interrogative (and have nothing to do with an alleged crime.)

So next time you’re watching a movie and the inevitable arrest scene with that iconic line comes on, you can be the life of the party and captivate your friends and family with the riveting facts about how Miranda Warnings work.

As always, thanks for reading! You can follow us on Facebook at Alex Bakken-Carbon County Sheriff https://www.facebook.com/bakkenforsheriff or shoot us an email at ccsheriff@carbonwy.com.

*Editors note: This is a reprint of the article which originally ran in our 3rd edition on 7/22/2023 for our newer readers who may have missed this great article by our Carbon County Sheriff.

Corner-Crossing: What Happens Now?

Publisher — Sat, 12 Apr 2025 05:00:00 +0000

Corner-Crossing: What Happens Now? Publisher Sat, 04/12/2025 - 07:00

By Alex Bakken

Carbon County Sheriff

As most of you already know, the 10th U.S. Circuit Court of Appeals recently affirmed a lower district court opinion regarding the well-known Wyoming corner-crossing case that originated in Carbon County in 2021. In their ruling, Justices of the 10th Circuit Court concluded that, “Iron Bar (the landowner in this case,) cannot implement a program which has the effect of “deny[ing] access to [federal] public lands for lawful purposes[.] ”So the district court was correct to hold that the Hunters could corner-cross as long as they did not physically touch Iron Bar’s land. We affirm.” Wyoming District Court Judge Scott Skavdahl sided with the hunters in a 2023 opinion that crossing from public land to public land via a “corner” of the checkerboard land ownership pattern without setting foot on private land does not constitute criminal trespass. The three judge panel of the 10th Circuit Court of Appeals (Ebel, Moritz, and Tymkovich,) affirmed Skavdahls’ opinion by concluding that, based on state statute and case law, “any enclosure of public lands is prohibited, and no one may completely prevent or obstruct another from peacefully entering or freely passing over or through public lands.” Undoubtedly, this ruling will have significant implications for hunting and public land access, particularly in regions subject to the “checkerboard” pattern of land ownership.

What is the 10th Circuit Court?

The 10th U.S. Circuit Court of Appeals is a federal appellate court (meaning they have the authority to review the decisions of lower courts,) that reviews cases from district courts within its jurisdiction. The jurisdiction of the 10th Circuit includes Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. Based in Denver, Colorado, it is one of 13 U.S. Courts of Appeals that serves as an intermediary between district courts and the U.S. Supreme Court. The 10th U.S. Circuit Court hears appeals on a range of issues, including constitutional law, civil rights, federal regulations, and, most applicable to our organization, corner-crossing. Cases brought forward for appeal are typically decided by a panel of three judges, although in rare instances, all active judges may hear a case. Its decisions can be appealed to the U.S. Supreme Court, but the higher court selects only a limited number of cases for review.

How a 10th Circuit Decision Works

When the 10th U.S. Circuit Court of Appeals issues a ruling, it sets a binding legal precedent for all federal district courts within its jurisdiction, which means Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. “Binding Legal Precedent” is typically defined as a legal rule or principle, articulated by an appellate court, that must be followed by lower courts within its jurisdiction. In non-attorney verbiage, this simply means that lower district courts within their respective jurisdictional bounds must abide by the decision made by their representative circuit court, in this case, the 10th U.S. Court of Appeals. When the U.S. Circuit Court of Appeals issues a ruling, they interpret federal law and the U.S. Constitution as applied to the case at hand. Until overturned by a higher court or codified into law by new legislation, the 10th Circuit’s decision serves as the controlling legal authority within its jurisdiction regarding corner-crossing.

Implications for Hunting and Public Land Access

It goes without question that this ruling has massive implications for public land sportsmen and women in Wyoming. The Cowboy state has an estimated 3 million acres of public land that, previous to this ruling, was inaccessible due to the checkerboard land ownership patterns. Hunters and outdoor enthusiasts can now access previously unreachable public lands via corner-crossing, provided they do not physically touch private property. This opens up vast areas of public land for recreational activities that were previously off-limits due to access constraints. Short of having the legality of corner-crossing codified into state statute, this ruling by the 10th Circuit U.S. Court of Appeals is the next highest standard.

Conclusion

While the recent 10th Circuit ruling certainly grants sportsmen and women legal protection in regards to corner-crossing, it is imperative that these newfound opportunities are utilized respectfully. Positive interactions with landowners play a critical role in exercising the rights granted under the recent 10th Circuit decision. By fostering positive, cooperative relationships with landowners, we can work to protect and increase our access to public lands for years to come.