Contraband

S-2018-164

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This document is an opinion from the Oklahoma Court of Criminal Appeals in a criminal case involving Don Arneilus Ingram. The opinion details the legal proceedings stemming from Ingram’s arrest and the subsequent suppression of evidence obtained during that arrest. **Key Points of the Case:** 1. **Charges Against Ingram**: Don Arneilus Ingram faced multiple felony charges including trafficking in illegal drugs, being a felon in possession of a firearm, and possession of proceeds from illegal drug activity, with the state alleging that these crimes were committed after previous felony convictions. 2. **Initial Detention and Arrest**: The arresting officer, Sergeant Greg Bell, initially noticed Ingram driving a vehicle with a temporary tag in a high-crime area. After observing suspicious behavior, including Ingram’s inability to identify a friend he claimed to be visiting, Sgt. Bell approached Ingram to ask questions. This led to Sgt. Bell detaining Ingram for driving without a license. 3. **Search Incident to Arrest**: Following the arrest, Sgt. Bell conducted a search of Ingram, which yielded a large amount of cash and identification. After noticing Ingram acting nervously and attempting to direct his female companion to leave, officers subsequently searched the vehicle Ingram had been driving, finding significant quantities of illegal drugs and a firearm. 4. **Motion to Suppress Evidence**: Ingram filed a motion to suppress the evidence obtained during the search, arguing that the officer lacked reasonable suspicion to stop him and that the search was therefore unlawful. 5. **District Court’s Ruling**: The district court granted Ingram's motion to suppress, determining that the initial contact was not lawful and that the subsequent search of the vehicle was unreasonable. 6. **Court of Criminal Appeals Decision**: The Oklahoma Court of Criminal Appeals reversed the district court's order. The court found that Sgt. Bell's initial interaction with Ingram was a consensual encounter and that sufficient probable cause existed for both the arrest and the search of the vehicle. **Conclusion**: The appellate court concluded that the evidence should not have been suppressed, underscoring the importance of analyzing the totality of circumstances leading to an officer’s determination of probable cause. The decision emphasizes that even behavior that seems innocent in isolation can, when viewed in context, lead to reasonable suspicion and probable cause. The court remanded the case for further proceedings. For a complete review of this case and its legal implications, interested parties can download a PDF of the full opinion.

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RE-2012-1032

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In OCCA case No. RE-2012-1032, Jacob Keith Meyer appealed his conviction for possession of a controlled substance and grand larceny. In an unpublished decision, the court decided to affirm the revocation of his suspended sentences for some charges but remanded for a lawful sentence on one count. One judge dissented. Jacob Keith Meyer had pleaded guilty to four different charges, including possession of methamphetamine and grand larceny, and was given a sentence of eight years in prison, with five years suspended. This meant he would only have to serve the first five years right away, while the rest would be postponed under probation rules. However, in 2012, the State accused him of violating his probation by committing new crimes, which led to a hearing to determine whether he truly violated the terms of his probation. During the hearing, it was shown that contraband, including marijuana, was found in a mattress from the jail cell where Meyer had been sleeping. The evidence suggested that Meyer was aware of the contraband since it was hidden inside the mattress he was lying on. Although Meyer challenged the evidence, stating that it wasn't sufficient to prove he violated probation, the court believed there was enough proof to support the revocation of his suspended sentences for three of the four charges. However, Meyer’s sentence for the first count in one of the cases was too long according to the law, so the court decided to send that particular charge back to the lower court to set a proper sentence. This decision meant that while Meyer would still have his other sentences revoked, the court would not enforce the invalid sentence associated with the larceny charge for the amount it exceeded legal limits. The court ultimately ruled that it had the authority to affirm some parts of Meyer’s case while needing to correct others where the law had been misapplied.

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S-2005-1250

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In OCCA case No. S-2005-1250, Dinkins appealed his conviction for trafficking in illegal drugs, assaulting a police officer, attempted destruction of evidence, and driving without a seatbelt. In an unpublished decision, the court decided to affirm the trial court’s ruling, which had granted Dinkins's motion to suppress evidence collected during an illegal search. One judge dissented.

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S-2005-866

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In OCCA case No. S-2005-866, Matthew Ryan Wells appealed his conviction for several charges including trafficking in illegal drugs and use of a weapon in commission of a crime. In an unpublished decision, the court decided to affirm the ruling of the District Court, which had sustained Wells' motion to quash the information, meaning that the charges against him could not move forward. One judge dissented.

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F 2001-873

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In OCCA case No. F 2001-873, Jerome Wade Hennesy appealed his conviction for Trafficking in a Controlled Dangerous Substance (Cocaine Base). In an unpublished decision, the court decided to reverse his conviction and remand the case for a new trial. One judge dissented. In this case, Jerome Wade Hennesy was found guilty of trafficking cocaine by a jury. The jury decided he should serve ten years in prison and pay a fine of $25,000. Hennesy appealed, arguing that the evidence used against him was not strong enough to prove his guilt and that there was unfair evidence related to other crimes. The court agreed with Hennesy on the second point about the unfair evidence, saying it was a serious mistake that affected the trial. The judges mentioned that since the evidence against him was mostly based on circumstances and not very strong, the mistake couldn't be ignored. They decided that Hennesy needed a new trial, so he could have a fair chance to defend himself. The judges noted that the first point about whether the evidence was sufficient to prove his guilt was no longer important because they were giving him a new trial based on the unfair evidence. They expected the state to have stronger evidence if Hennesy was tried again. So, they made the decision to reverse the previous judgment and order a new trial.

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F-2001-609

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In OCCA case No. F-2001-609, John Henry Harris appealed his conviction for Trafficking in Illegal Drugs. In a published decision, the court decided to reverse the conviction with instructions to dismiss the case. One judge dissented. John Henry Harris was found guilty in a trial without a jury. The court sentenced him to fifteen years in prison and a fine of $25,000. However, Harris appealed this decision, arguing that the police had violated his rights during the arrest. The main issue was whether the police were allowed to enter Harris's home without a warrant. The court reviewed the case law related to the Fourth Amendment, which protects people from unreasonable searches and seizures. Generally, police need a warrant to enter a person's home, unless there are special circumstances. One of these situations is called hot pursuit, which means the police can follow someone closely if they believe a crime has been committed and the person might escape. In this case, the court found that Harris's arrest did not require a warrant since the police were trying to apprehend him for minor traffic violations and a misdemeanor charge. They ruled that there were no exceptional circumstances that would justify entering the home without a warrant. The court also emphasized that the police needed to show that waiting for a warrant would have resulted in the loss of evidence, which they did not prove. As a result, the court stated that the trial court had made a mistake by not agreeing to Harris's request to dismiss the evidence obtained during the illegal entry into his home. Since the evidence was critical for his conviction, the court had no choice but to reverse Harris's guilty verdict and instructed the trial court to dismiss the charges against him. The dissenting opinion believed that the police acted properly. The dissenting judge pointed out that Harris committed multiple traffic violations and tried to escape from the police by running into a house where he did not live. When the police arrived, the homeowners informed them that Harris should be chased. The dissenting judge felt that the police were justified in entering the home to make the arrest and to prevent potential harm to the homeowners. In summary, the court’s decision to reverse Harris’s conviction was based on the belief that his rights were violated through an illegal entry into his home without a warrant.

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F-2000-1339

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In OCCA case No. F-2000-1339, Harold Lee Cooper, Jr. appealed his conviction for possession of cocaine and possession of marijuana. In a published decision, the court affirmed his conviction for possession of cocaine but reversed and dismissed the conviction for possession of marijuana. One judge dissented.

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F-2001-55

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In OCCA case No. F-2001-55, Lawrence Ray Washington appealed his conviction for unlawful possession of marijuana and unlawful possession of money within a penal institute. In a published decision, the court decided to affirm the conviction for unlawful possession of marijuana but reversed the conviction for unlawful possession of money and instructed to dismiss that count. One judge dissented. Washington was charged with three counts: possession of marijuana and money while in prison, and assaulting a correction officer. He was found not guilty of assault but guilty on the other two counts. He received a twenty-year sentence for each count, which would be served at the same time. Washington argued that being punished for both possessions was unfair because they were closely related. The court examined the details and decided that having both items at the same time was part of one action, rather than two separate actions. As a result, they thought punishing him for both possessions was against the law. Therefore, they took away the conviction for possession of money but kept the conviction for possession of marijuana. The dissenting judges believed Washington should have been punished for both counts because the law allows for separate punishments for different kinds of contraband items, even if they are found together.

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F 2000-213

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In OCCA case No. F 2000-213, the Appellant appealed his conviction for Carrying a Controlled Dangerous Substance into Jail. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One member of the court dissented. The case involved Heather Davenport, who was accused of bringing illegal substances into a jail. During her trial, the jury found her guilty and suggested a fine and imprisonment. Davenport argued that the jury's decision was unfair because evidence about her husband’s unrelated past crimes was brought into the trial. This evidence was shown to suggest that she knew what she was doing was wrong, which she believed was not relevant to her case. The court agreed with her and noted that the evidence against her did not clearly show that she knew she was breaking the law when she brought the items to the jail. The use of information about her husband’s actions was too unfair and prejudiced her chance for a fair trial. Therefore, the court decided that the conviction should not stand, stating that the evidence presented could have caused a significant mistake in the trial's outcome. The final opinion indicated that the trial court's decision was reversed, and the case was sent back with instructions to dismiss the charges against Davenport.

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