Evidence Suppressed Archives

S-2018-978

Post author:Staff
Post published:August 15, 2019
Post category:S

**State v. Cousan: Summary of the Court's Decision** In the case of *State of Oklahoma v. William Lee Cousan*, the Oklahoma Court of Criminal Appeals addressed the legality of the police actions leading to the arrest of Cousan and the subsequent search of his person that resulted in the discovery of crack cocaine. **Background:** William Lee Cousan was charged with Illegal Drug Trafficking, Unlawful Possession of Drug Paraphernalia, and Unlawful Possession of a Firearm by a Convicted Felon. The charges arose from a police investigation initiated by an anonymous tip suggesting that Cousan was dealing drugs from a Motel 6 room. Following a surveillance operation and gathering additional evidence, police obtained a search warrant for Cousan's motel room. While executing the warrant, Cousan left the motel in a vehicle, and police conducted a traffic stop approximately eight blocks away. During this stop, officers found cocaine on him and placed him under arrest. Cousan argued that the officers exceeded the scope of the search warrant during his detention and that the subsequent search of his person was unlawful. **District Court Ruling:** The district court agreed with Cousan's motion to suppress evidence, stating that the search was not justified as incident to the execution of the search warrant since it occurred outside the immediate vicinity of the premises. **Court of Criminal Appeals Decision:** The Oklahoma Court of Criminal Appeals reversed the district court's ruling, holding: 1. **Probable Cause:** The court found that the officers had probable cause to arrest Cousan at the time of his detention based on the tips and surveillance evidence indicating he was dealing drugs. 2. **Lawful Search Incident to Arrest:** The search of Cousan's person was deemed lawful as a search incident to arrest because probable cause existed for that arrest, independent of the execution of the search warrant. 3. **Inevitability Doctrine:** Even if the court did not find probable cause at the time of the stop, the officers could have made a valid investigative stop based on reasonable suspicion. Given the circumstances, the evidence inevitably would have been discovered after the execution of the warrant. 4. **Categorical Detention Rules:** The appeals court acknowledged that while the detention of Cousan was not justifiable under the Summers rule (as it did not occur immediately near the premises), the officers still had the right to detain Cousan based on the totality of circumstances, including the undercover work that had identified him as a key suspect. **Conclusion:** The appellate ruling overturned the district court's decision to suppress the evidence found on Cousan, allowing the State of Oklahoma to continue its prosecution for illegal drug trafficking and associated charges. **Final Note:** The opinion reflects on the importance of understanding both the probable cause standard for arrest and the rules surrounding lawful searches and seizures, emphasizing the balance between individual rights and public safety in law enforcement practices.

S-2015-446

Post author:Staff
Post published:December 8, 2015
Post category:S

In OCCA case No. S-2015-446, James Leonard Martinez appealed his conviction for unlawful possession of a controlled drug with intent to distribute, unlawful possession of drug paraphernalia, and operating without mud flaps. In a published decision, the court decided to affirm the District Court's ruling that suppressed evidence in the case. One judge dissented. The case began when Officer Porter stopped Martinez's vehicle because he believed it lacked the required mud flaps, which the officer thought was a violation of the law. However, the trial court found that Martinez's car had fenders, and according to the statute, if a vehicle has fenders, it does not need mud flaps. Thus, the officer's stop was not justified. The State argued that even if the law did not apply to Martinez's vehicle, Officer Porter had a reasonable but mistaken belief about the law when he stopped Martinez. However, the trial court ruled that the officer's misunderstanding of the law was not reasonable because the law's language was clear. The court reviewed the officer's actions and concluded that he made a mistake of law, which means he misunderstood the actual law regarding mud flaps. Because of this, the court agreed with the trial court's decision to suppress evidence gathered during the stop and to dismiss the case against Martinez. Ultimately, the court confirmed that the stop was not lawful and upheld the trial court's ruling.

S-2012-194

Post author:Staff
Post published:October 30, 2012
Post category:S

In OCCA case No. S-2012-194, Campbell appealed his conviction for Driving Under the Influence. In a published decision, the court decided to affirm the lower court's ruling to suppress evidence and dismiss the case, meaning Campbell's charges were dropped. No one dissented. Here’s a summary of what happened: James Monroe Campbell was accused of driving under the influence of alcohol. Before the trial began, he asked the court to dismiss the case by filing a request called a Motion to Dismiss. During a hearing before the trial, the judge decided that the evidence against Campbell should not be used, and this meant the case was dismissed. The State of Oklahoma, unhappy with this decision, decided to appeal, which means they wanted another court to review what happened. They filed their appeal based on certain laws that say they have the right to challenge the dismissal of cases when it involves important evidence being excluded. The State argued two main points in its appeal. First, they claimed the judge made a mistake by dismissing Campbell's case because he believed Campbell broke the law by not staying entirely in one lane while driving. Second, they argued the judge was wrong because the police officer had a good reason to stop Campbell’s car in the first place. To decide if the original judge made a mistake, the court looked at whether the officer had a reasonable suspicion to pull Campbell over. A reasonable suspicion is a legal term meaning the officer had a good reason to believe a law was possibly being broken. The officer in this case stated that he stopped Campbell because he saw Campbell's car touch the line marking the lane. However, when the judge looked closely at the evidence, including a video of the incident, she thought that Campbell was driving pretty straight and did not see enough evidence to support the claim that he was breaking any laws. The judge also mentioned that the officer’s concerns did not seem strong enough to justify the stop. Therefore, she decided to dismiss the case because there was not enough evidence to support stopping Campbell's car. When reviewing the situation, the appeals court sided with the original judge's decision and agreed that there was no abuse of discretion, meaning they believed she made the correct choice based on the information available. The court also stated that since the issue of Campbell possibly driving under the influence wasn't raised during the earlier hearing, they could not consider that during the appeal. In conclusion, the court upheld the decision to suppress evidence and dismissed the charges against Campbell, which was a win for him.