Articulable Suspicion

F-2016-1015

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DERRECK RYAN GRAY,** Appellant, Case No. F-2016-1015 **V.** **STATE OF OKLAHOMA,** Appellee. --- **SUMMARY OPINION** **LUMPKIN, PRESIDING JUDGE:** Appellant Derreck Ryan Gray was convicted by jury of Unlawful Possession of a Controlled Dangerous Substance (Methamphetamine) With Intent to Distribute (Count I) and Obstructing an Officer (Count II) in the District Court of Payne County. The jury recommended a sentence of twenty-four years for Count I and one year in jail with a $500 fine for Count II. The trial court sentenced Appellant according to the jury's recommendations, though it reduced the fine in Count II to $100. The sentences were ordered to run concurrently. Appellant appeals, raising one proposition of error: 1. The trial court erred in denying Appellant's motion to suppress evidence obtained during what he contends was an illegal seizure. After reviewing the details of the case and the arguments presented, we conclude that no relief is warranted. During the traffic stop for a violation, neither the driver nor Appellant had valid driver's licenses. Consequently, the vehicle was to be impounded. Upon concluding the traffic stop, Appellant was free to leave, but officers instructed him to exit the vehicle to inventory it. As he did, Officer Cluck observed a plastic bag drop to the floor. When instructed not to touch it, Appellant ignored this and attempted to flee with the bag. Officer Cluck arrested Appellant for Obstructing an Officer, which permitted retrieval of the bag. Subsequent analysis of the bag revealed it contained methamphetamine. Appellant asserts that the seizure of the bag was improper; however, he does not dispute the legality of the traffic stop or the imminent impoundment. His attempt to flee with the bag constituted obstruction, providing probable cause for his arrest. This established legal basis nullifies his argument against the seizure of the evidence. In reviewing the trial court's actions regarding the suppression motion, we find no abuse of discretion. The trial court's denial of the motion to suppress is affirmed, as Appellant's conduct provided justification for his detention and the subsequent evidence seizure, which does not violate his Fourth Amendment rights. **DECISION** The JUDGMENT and SENTENCE is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. --- **APPEARANCES AT TRIAL** Royce Hobbs, Stillwater, OK, Counsel for Defendant **APPEARANCES ON APPEAL** Robert W. Jackson, Norman, OK, Counsel for Appellant Laura Austin Thomas, Payne County District Attorney **OPINION BY:** LUMPKIN, P.J. **Concur:** LEWIS, V.P.J.; HUDSON, J.; KUEHN, J.; ROWLAND, J.

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S-2015-972

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In OCCA case No. S-2015-972, Marco Callejas appealed his conviction for unlawful possession of a controlled drug with intent to distribute and possession of a firearm after juvenile adjudication. In an unpublished decision, the court decided to affirm the trial court's decision to grant Callejas' motion to suppress evidence and dismiss the charges. One judge dissented. Marco Callejas was charged with two crimes in Tulsa County. The charges included unlawful possession of a controlled drug with intent to distribute and having a firearm after being a juvenile delinquent. During his preliminary hearing, the official decided that the stop made by the officer was valid but dismissed one of the charges while moving forward with the other. Before the actual trial began, Callejas argued that there wasn't enough evidence against him and that the evidence collected during the stop should not be used. The judge agreed and dismissed both charges, so the State decided to appeal the judge's decision. The State argued that the judge made errors during the hearing, especially in determining that there wasn't a valid reason for the traffic stop. They explained that the officer interpreted a local traffic law to mean that drivers must hesitate before changing lanes. However, the judge decided that this interpretation of the law was incorrect and that Callejas did not break any laws because he signaled before changing lanes safely. The appeals court looked closely at the traffic law in question and agreed with the judge that the law did not say drivers had to pause before changing lanes. The court pointed out that the officer could see Callejas signaled before making the lane change and that no other traffic was affected by his action. Therefore, there was no valid reason for the officer to stop Callejas. The State also tried to argue that a past decision, involving another case, should apply here, but the court concluded that the current law was clear and did not have the same ambiguities as the previous case. Ultimately, the appeals court confirmed that the traffic stop was based on a misunderstanding of the law. The court affirmed the original decision to suppress the evidence gathered from the stop and to dismiss all charges against Callejas. This means that Callejas did not face criminal charges due to the invalidity of the stop. In summary, the court found that the trial judge made the right call in dismissing the case because the police officer did not have a good reason to stop Callejas.

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S-2013-127

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In OCCA case No. S-2013-127, Isaac Paul Bell appealed his conviction for Possession of a Weapon on School Property. In an unpublished decision, the court decided to affirm the lower court's ruling that quashed and dismissed the case. One judge dissented. Isaac Paul Bell was accused of having a weapon on school property, which is against the law in Oklahoma. Bell filed a motion to have the charges dropped, and the judge agreed, deciding that the charges could not stand. The state of Oklahoma did not agree with this decision and appealed, arguing that the police had enough reasons to stop and search Bell. The state presented three reasons why they thought the dismissal was wrong. First, they argued that because there were weapons in plain sight, the police had a good reason to stop Bell. Second, they claimed that Bell agreed to let the police search his car after they asked him about other weapons, and that was okay. Finally, they said the court made a mistake by dismissing the charges when they believed there was enough proof to continue the case. The reviewing court looked carefully at all parts of the situation. They understood that officers must have a good reason to stop someone and that the police had to follow rules when stopping and searching a person. The court found that the officer did not have a strong enough reason to stop Bell. When the officer saw the knives in Bell's truck, there was no reason to think Bell was doing anything wrong because he had not broken any laws, and the knives were properly stored. The court also considered whether Bell's agreement to let police search his truck was valid since he had already been detained wrongly. They decided that Bell's consent was not free and voluntary because it happened immediately after the wrongful detention. Since Bell was handcuffed and questioned by an armed officer without being informed of his rights, the court determined that his consent did not fix the problem caused by the illegal detention. Because of how they resolved the first two points, the third point from the state was no longer important. Therefore, they affirmed the decision to dismiss the case against Bell.

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F 2008-287

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In OCCA case No. F 2008-287, Matthew Thornbrough appealed his conviction for several counts, including possession of a firearm and operating a police radio. In an unpublished decision, the court decided to reverse his conviction for operating a police radio and ordered it to be dismissed, while affirming his convictions for the other charges. One judge dissented.

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F-2001-231

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In OCCA case No. F-2001-231, Mark Eugene Smith appealed his conviction for Attempted Manufacture of Methamphetamine, Driving under Suspension, Possession of a Controlled Drug, and Possession of a Precursor Substance Without a Permit. In a published decision, the court decided to affirm the convictions and sentences on the charges of Attempted Manufacture of Methamphetamine, Driving under Suspension, and Possession of a Controlled Drug. However, the court reversed and dismissed the conviction for Possession of a Precursor Substance Without a Permit and the related fine. One judge dissented.

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