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evidence Tag

02 November
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What Is a Motion to Suppress?

Posted by Clint
in Blog
What Is a Motion to Suppress?

A lawyer defending a client accused of driving under the influence frequently will file a motion to suppress evidence on the client’s behalf. A motion to suppress asks the court to suppress, or not allow to be used in court, a certain piece of evidence. The motion argues that the evidence should not be used in court because it was obtained illegally, it is tainted, or for some other similar reason. Motions to suppress arise from the exclusionary rule in criminal cases. The exclusionary rule states that defendants have the right to have excluded from trial any evidence that was...

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20 September
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Exclusion of Identification Evidence at Trial

Posted by Clint
in Blog
Exclusion of Identification Evidence at Trial

Exclusion of identification evidence at trial can be a turning point for a criminal case. Getting the judge to agree that alleged eyewitnesses should not testify that they saw the defendant at the scene of the crime requires an evaluation of all the circumstances of the identification. In a 1977 decision, the Supreme Court of the United States explained the test for excluding identification evidence. The decision, Manson v. Brathwaite, 432 U.S. 98 (1977), confirmed earlier case law in explaining why a police officer viewing a single photograph and then making an in-court identification did not violate the Due Process Clause...

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08 September
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Is It Legal for the Police to Destroy My Breath Sample?

Posted by Clint
in Blog
Is It Legal for the Police to Destroy My Breath Sample?

Charges of driving under the influence implicate legal issues from proper handling of evidence to confessions to warrants. In California v. Trombetta, 467 U.S. 479 (1984), the United States Supreme Court considered whether releasing the air from breath samples after analysis violates the accused’s right to examine any potentially exonerating evidence. Trombetta involved several defendants arrested for driving under the influence, taken to a police station, and given breath tests. After they took the breath tests and the police analyzed and recorded the results, the police opened the breathalyzer chamber and purged out the air inside. The same is done for...

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14 July
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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...

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26 June
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Are Standardized Field Sobriety Tests Legal in Oklahoma?

Posted by rainmakeradmin
in Blog
Are Standardized Field Sobriety Tests Legal in Oklahoma?

A recent court decision and changes to Oklahoma law have called into question whether Standardized Field Sobriety Tests (SFSTs) are really “legal” or “accepted” in Oklahoma. While law enforcement officers still administer the tests, defendants frequently question their reliability and their administration in court as part of a DUI defense strategy. SFSTs are field tests administered on the roadside at a traffic stop to drivers suspected of driving under the influence of alcohol. Usually, the tests used are approved by the National Highway Traffic Safety Administration (NHTSA). The basic tests are: the Horizontal Gaze Nystagmus, the Walk and Turn, and the...

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21 June
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Sobriety Test Evidence at Trial

Posted by rainmakeradmin
in Blog
Sobriety Test Evidence at Trial

In Oklahoma, sobriety test evidence generally is admissible at trial. However, the validity of this evidence and of expert opinions on a driver’s intoxication can be challenged on a number of grounds. For example, tests may not have been administered correctly, equipment may be flawed, or experts may not be qualified to testify. Admission of Testimony Regarding SFTSs Although Standardized Field Sobriety Tests administered on the roadside to a suspected drunk driver are generally accepted nationwide, the highest Oklahoma criminal court has said that they are not true scientific tests. Anderson v. State, 2010 OK CR 27, 252 P.3d 211. In response,...

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