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30 April
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What Happens During a Typical Search Warrant Execution?

Posted by Clint
in Blog
What Happens During a Typical Search Warrant Execution?

During a typical search warrant execution, police enter a building or location and look for evidence of a crime. There are specific procedural steps that they must follow by law during this process or risk having evidence suppressed from use in court. Knock and Announce Rule Once police obtain a search warrant from a judge, they can go to the location that they plan to search. Unless certain exceptions apply, the police must knock on the door and announce their presence outside. They need to wait a reasonable time after knocking to allow the occupant to answer. After waiting without an...

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14 March
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Legal Issues with “Drug Busts”: What You Need to Know

Posted by Clint
in Blog
Legal Issues with Drug Busts: What You Need to Know

When the police conduct a drug bust, people arrested during the bust or linked to it may have some legal trouble ahead. Fortunately, a few common issues that come up during drug busts could help these people develop defenses in criminal court. Did the Police Have a Proper Warrant, and Did They Follow It? Often, drug busts happen on very short notice, after the police get a tip. They may seek a warrant from a judge late at night, on the weekend, or extremely quickly. In their haste, the warrant may omit key information or be limited in scope. When police execute...

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29 November
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Can Police Search Your Car for Drugs Without Your Permission?

Posted by Clint
in Blog
Can Police Search Your Car for Drugs Without Your Permission?

When the police pull you over on the roadside, sometimes they can search your car for drugs without your permission. Vehicle searches are legal under some circumstances if you are being arrested. Also, the police can do a search if they have probable cause to believe that a crime is being committed. Finally, they can seize any item in plain view. Search Incident to Arrest When you are being arrested for driving under the influence of drugs, DUI, or another crime on the roadside, the police can search your car if: They reasonably believe evidence of the crime you committed can be...

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13 July
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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...

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16 May
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How Police Obtain a Warrant to Search for Drugs

Posted by Clint
in Blog
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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11 December
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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...

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08 December
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Excluding Illegally Seized Evidence in Court

Posted by Clint
in Blog
Excluding Illegally Seized Evidence in Court

Having illegally seized evidence excluded from consideration in court is the most important part of some criminal cases. Exclusion of this evidence goes to the heart of your Fourth Amendment right protecting you against unlawful search and seizure. The exclusionary rule prevents the prosecutors from using illegally obtained evidence against you in court, even if that evidence is incriminating. All evidence used must be relevant, or directly related to the charges against you, and competent, or collected and handled legally. When evidence is not either relevant, competent, or both, it may be excluded. There must be a valid search warrant or...

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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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