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drugs Tag

07 March
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Can Police Officers Stop You on the Street and Frisk You for Drugs?

Posted by Clint
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Can Police Officers Stop You on the Street and Frisk You for Drugs?

If you have ever been stopped by a police officer on the street and asked questions, you may wonder if the police can frisk you for drugs without your permission. In criminal law, this kind of search is referred to as a “stop and frisk”. It is legal to search you on the street, but only under certain circumstances. What Is Stop and Frisk? The law allowing police to stop and frisk people on the street came from a Supreme Court case called Terry v. Ohio. (392 U.S. 1 (1968).) In the case decision, the Supreme Court found that all stop-and-frisk searches...

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01 January
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The Risk of Juror Prejudice During Oklahoma Drug Trials

Posted by Clint
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The Risk of Juror Prejudice During Oklahoma Drug Trials

During Oklahoma drug trials, defendants may face a risk of juror prejudice. While many people are aware of jurors’ role in deciding a criminal case, many may be unaware of how hidden biases and prejudices affect that case’s outcome. Jury Selection When a criminal case goes to trial, lawyers have the opportunity to screen out potential jurors during a process called jury selection. While the lawyers do not always need a reason to eliminate a potential juror, they often attempt to make decisions based on obvious or hidden prejudice against their clients. For example, the lawyers or the judge may ask questions about...

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25 October
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What Is the Difference Between State and Federal Drug Crimes?

Posted by Clint
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What Is the Difference Between State and Federal Drug Crimes?

When you are going through the criminal justice system for the first time, you may be confused about the difference between state and federal drug crimes. Federal crimes are very different from state crimes for a few reasons. If you are charged with crimes related to drugs, they may be state or federal crimes – or both. Different Crimes, Different Courts When you are charged with violating a state law, you are accused of committing a state crime. People accused of committing state crimes go to state court and talk to a state judge. The same is true for federal law and...

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24 August
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Do Drug Penalties Vary by County in Oklahoma?

Posted by Clint
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Do Drug Penalties Vary by County in Oklahoma?

There are 77 counties in Oklahoma, and people convicted of drug crimes may receive varying penalties depending on the county in which they are convicted. It may be surprising to you that state laws about drugs, which supposedly apply to all people in the state, could have uneven application. The reasons for the varying penalties range from geographical to monetary. Geography Alters Charges and Sentences In response to the new law reclassifying drug possession as a misdemeanor, Oklahoma legislators passed another law that makes it a felony to possess drugs within 1,000 feet of a school. (63 O.S. § 2-402.) Rather than...

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13 July
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What It Means to Be Arrested on Suspicion of a Crime

Posted by Clint
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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...

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04 July
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Finding the Right Criminal Defense Attorney for Drug Charges

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Finding the Right Criminal Defense Attorney for Drug Charges

If the prosecutor has charged you with committing a drug crime, your search for the right criminal defense attorney should start now. You have a narrow window of opportunity to find someone who will investigate, mount a strong fight against the charges, and obtain a result that helps you. Does the Attorney Know the System? Ask the attorney about his or her experience fighting drug charges for clients. How long has he or she been practicing, and what did he or she do before practicing law? Finding a lawyer who worked as a prosecutor or district attorney, or even in law enforcement,...

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13 June
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Exceptions to the Warrant Requirement for Drug Searches

Posted by Clint
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Exceptions to the Warrant Requirement for Drug Searches

While most of the time law enforcement need a warrant to conduct drug searches, several exceptions to the warrant requirement exist. Evidence collected without a warrant when one was required can be suppressed in court. Some of the most common exceptions to the warrant requirement for drug searches include: 1) plain view, 2) a search incident to arrest, and 3) an automobile search. Plain View Law enforcement officers do not need a warrant when evidence or contraband is in plain view when they are present. For example, if a police officer questions someone inside his house and sees a pipe and...

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16 May
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How Police Obtain a Warrant to Search for Drugs

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How Police Obtain a Warrant to Search for Drugs

Before police can search for drugs, they need to obtain a warrant from the court unless a few exceptions apply. The search warrant is a legal document explaining where the police can search for evidence of a crime. Once law enforcement has a warrant, they do not need your consent to search the specified area. Police officers must get search warrants from judges or magistrate judges. The judge issuing a warrant must be “neutral and detached” and “capable of determining whether probable cause exists”. Coolidge v. New Hampshire, 403 U.S. 443 (1971). This requirement helps ensure that there is no conflict...

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02 April
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How Cops Find Drugs During Traffic Stops

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How Cops Find Drugs During Traffic Stops

A person pulled over for suspected DUI or another driving offense may find himself in more trouble if police search the vehicle. If law enforcement finds evidence of another crime, such as illegal drugs, in the vehicle, they can charge you with that crime too. A simple traffic infraction could escalate to much more serious criminal charges. Usually, police need a warrant to search cars. During traffic stops, however, they can search vehicles without a warrant for several reasons. First, police may search a vehicle incident to a driver’s arrest. Often this type of search is legally permitted because police reasonably...

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14 March
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Custodial Interrogation During Traffic Stops

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Custodial Interrogation During Traffic Stops

The question of when custodial interrogation starts during traffic stops has challenged courts for many years. Choosing a definite rule as to when someone is in custody affects the timing of Miranda warnings. If a police officer waits too long to read Miranda warnings during a stop, the driver can challenge admissibility in court of any statements he makes after the stop becomes custodial but before the warnings are read. In one of many attempts to determine when “custodial interrogation” begins, the Supreme Court considered the case of Berkemer v. McCarty, 468 U.S. 420 (1984). In the case, a state police...

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