918-550-9175

Facebook

Twitter

LinkedIn

Free Evaluation
logo
mobile logo
 

reasonable suspicion Tag

09 May
0 Comments
Sticky

Canada’s Strict New Testing Law Indicates Trend of Stronger DUI Enforcement

Posted by Clint
in Blog

Canada’s new law eliminating the reasonable suspicion requirement for BAC testing indicates a general trend of stronger DUI enforcement in North America. While one government official argues that the law is for the common good, opponents see it as a law enforcement overstep. What Does the New Law Do? The new Canadian law permits police officers to detain suspected drunk drivers and demand BAC tests without needing reasonable suspicion of DUI. They can even come to someone’s house and require him or her to take a BAC test – as long as two hours after he or she drove. As one...

Continue reading
13 July
0 Comments
Sticky

What It Means to Be Arrested on Suspicion of a Crime

Posted by Clint
in Blog
What It Means to Be Arrested on Suspicion of a Crime

In Oklahoma, police may arrest someone on suspicion of committing a crime. Arrested on suspicion is different than reasonable suspicion. Reasonable suspicion and probable cause are standards of proof that police must establish before taking certain actions. Arrested on Suspicion Police often use the term “arrested on suspicion” of committing a crime when they have probable cause to arrest someone for doing something criminal. This does not mean the police have proven that the person committed the crime. Nor can police arrest you just for doing something suspicious. When you get arrested, they have to think you violated the law. People may get...

Continue reading
12 January
0 Comments
Sticky

Police Officers’ Authority to Extend Oklahoma Traffic Stops

Posted by Clint
in Blog
Police Officers’ Authority to Extend Oklahoma Traffic Stops

A close look at Oklahoma case law shows that police officers have wide authority to extend traffic stops at will. The leading Court of Criminal Appeals opinion, Seabolt v. State, 152 P.3d 235, 2006 OK CR 50, states that police officers must have reasonable, articulable suspicion to extend a traffic stop beyond the typical formalities. In Seabolt, the court evaluated the particular stop at issue under a totality of the circumstances approach, meaning it looked at everything that happened to determine whether the officer initiating the stop had a reasonable suspicion that a crime had been committed. To the contrary, the...

Continue reading
11 December
0 Comments
Sticky

Use of Police Dogs at Traffic Stops

Posted by Clint
in Blog
Use of Police Dogs at Traffic Stops

During traffic stops, police sometimes use K-9 dogs to sniff for drugs or other illegal substances. Two key Supreme Court cases have evaluated how far police may go in their use of dogs at roadside stops. In the first case, Illinois v. Caballes, 543 U.S. 405 (2005), the court considered whether using a drug dog at the scene of a roadside stop was an unreasonable search. The drug dog alerted at the scene, leading to the defendant’s arrest for marijuana trafficking. While the Illinois Supreme Court said that the search was unreasonable, the Supreme Court disagreed, determining that police did not...

Continue reading
25 October
0 Comments
Sticky

Anonymous Tips and DUI Traffic Stops

Posted by Clint
in Blog
Anonymous Tips and DUI Traffic Stops

Can you be arrested for DUI based on an anonymous tip to the police? In a 2014 case, Navarette v. California, 572 U.S. _ (2014), the Supreme Court of the United States said that you can. Depending on the circumstances, an anonymous tip can provide law enforcement with the reasonable suspicion needed to justify a brief investigatory traffic stop. The Navarette case involved an anonymous phone call to the police stating that the caller had been run off the highway at a specific mile marker by a silver Ford F-150 pickup truck. The police soon spotted a vehicle matching that description...

Continue reading
14 July
0 Comments
Sticky

Legality of the Car Search in Oklahoma

Posted by rainmakeradmin
in Blog
Legality of the Car Search in Oklahoma

During DUI arrests in Oklahoma, police may be able to legally search the driver’s automobile. But wait – you may say – doesn’t the Fourth Amendment protect people against unreasonable searches and seizures of their property? Yes, and so does Article 2, Section 30 of the Oklahoma Constitution. However, several exceptions apply during traffic stops that could allow police to search your car. Police usually must have a search warrant to conduct an automobile search. If there was no warrant, the courts assume that the search was unreasonable, and the government must demonstrate that the search was reasonable. Otherwise, evidence from...

Continue reading