Illegal Search and Seizure Archives

F-2018-542

Post author:Staff
Post published:September 26, 2019
Post category:F

In OCCA case No. F-2018-542, Charles Henry Tarver, Jr. appealed his conviction for Possession of Controlled Dangerous Substance with Intent to Distribute and Unlawful Possession of Drug Paraphernalia. In an unpublished decision, the court decided that relief was required, and the case was remanded to the district court with instructions to dismiss. One judge dissented. Charles Henry Tarver, Jr. was tried by a jury and convicted of having illegal drugs with the intent to sell them and for having drug paraphernalia. He was given a long prison sentence and a fine. Tarver appealed this decision because he believed that the evidence used against him was obtained illegally when a police officer stopped him for a minor traffic violation. The events leading to Tarver's arrest happened on May 23, 2016. A deputy police officer stopped Tarver because the light on his truck’s license plate wasn’t working. During this stop, the officer noticed that Tarver was very anxious and had trouble staying still. Instead of quickly giving him a ticket and letting him go, the officer waited for backup and a dog trained to detect drugs. While waiting, the officer searched Tarver's truck, finding illegal drugs. Tarver argued that this search was not allowed under the law because it happened without enough reason to keep him there longer than necessary for the traffic stop. Initially, the judge at Tarver’s trial ruled that the stop was legal, but he did not consider whether the stop went on too long without proper reasons. This was an important mistake because the law says that once the reason for a stop is handled, the police cannot keep someone for longer without having a good reason to think that person is doing something illegal. The appeals court reviewed the case and found that the trial judge had incorrectly placed the burden of proving that the police action was legal on Tarver instead of where it should have been on the state. The appeals court agreed that the stop was carried out longer than necessary, and the police officer did not have enough solid reasons to justify keeping Tarver there longer than the original traffic issue. The court decided to reverse Tarver's convictions and told the district court to dismiss the charges against him because the search that found the drugs was not properly justified. One judge disagreed with this outcome, arguing that the police acted reasonably based on their experiences and knowledge about Tarver. This dissenting opinion held that the evidence might still be good enough to uphold the conviction. In the end, the decision meant that Tarver would not have to serve time for these charges, as the evidence against him was deemed to have been collected improperly.

S-2015-723

Post author:Staff
Post published:September 8, 2016
Post category:S

In OCCA case No. S-2015-723, Alexander appealed his conviction for possession of a controlled dangerous substance (marijuana), unlawful possession of drug paraphernalia, and public intoxication. In a published decision, the court decided to affirm the district court's order that sustained Alexander's motion to suppress evidence and dismiss the charges against him. One judge dissented. The case started when a highway patrol officer saw two vehicles on the side of the road, one of which looked disabled. Instead of checking on the disabled vehicle, the officer decided to pull over a maroon car that was leaving the scene because it had a cracked windshield. Alexander was in the front passenger seat of the maroon car. When the officer asked for identification, Alexander admitted he did not have any. The officer said he would check Alexander's information in his cruiser for safety reasons. While talking to Alexander in the cruiser, the officer noticed he smelled alcohol on him and saw signs of slurred speech and slow movements. The officer found out that Alexander had an outstanding warrant and arrested him. Initially, there were inconsistencies in the officer's story about what happened during the stop. He claimed the smell of alcohol was evident when Alexander exited the car, but later changed his answers under questioning. During the hearing about Alexander's motion to suppress the evidence, the officer's actions came under scrutiny. The state argued that the stop was justified, and that finding the warrant should allow the evidence collected to be used. However, the district court felt the officer's actions were not good faith mistakes but rather improper. The officer had handcuffed Alexander and questioned him without informing him of his rights, which the court deemed as a significant violation of Alexander's rights. The higher court found the district court had properly assessed the facts and ruled in favor of Alexander. They determined that the illegal stop and the officer's methods were serious enough to dismiss the evidence gathered after the stop. Thus, the verdict of the trial court to suppress evidence and dismiss the case was upheld.

S-2010-540

Post author:Staff
Post published:January 20, 2011
Post category:S

In OCCA case No. S-2010-540, Cavner appealed his conviction for Driving While Under the Influence of Alcohol. In an unpublished decision, the court decided to uphold the district court's decision to suppress the evidence. One judge dissented. The case began when the State of Oklahoma charged Cavner with Driving While Under the Influence of Alcohol. He argued that the traffic stop was not justified because there was no reasonable suspicion for the stop. The district court agreed to suppress the evidence but did not dismiss the case entirely. On appeal, the State argued that the district court made an error by suppressing the evidence. When reviewing these kinds of cases, the court looks at the facts presented and defers to the trial court's findings unless something is clearly wrong. It was nighttime when Deputy Yarber observed a vehicle in the parking lot of an abandoned grocery store. He noted that the car left the parking lot in a lawful manner as he and another officer approached. The deputy did not mention any specific criminal activity and had no reason to believe something illegal was happening. Another officer had previously looked into possible drug activity in the area, but that had not been reported recently. In such situations, officers are allowed to check on people they find in unusual circumstances. However, since the vehicle drove away from the parking lot before Yarber could approach, he needed to stop it on a highway, which changes the situation from a simple question into a detention, known as a traffic stop. The law requires that a traffic stop must be supported by something more than just a hunch or general suspicion. The court explained that deputies must have reasonable suspicion to make a legal traffic stop. They look for specific facts suggesting that a crime may be occurring, which was not the case here. The deputy did not have enough evidence or reasons to suspect that Cavner was committing a crime simply because he was in the parking lot of an abandoned store late at night. The court referenced a prior case to support its decision, comparing the circumstances to those in a previous ruling where a stop was also deemed unlawful due to lack of reasonable suspicion. In Cavner's case, the court ruled that the officers did not have enough evidence to justify the traffic stop. Ultimately, the court affirmed the district court's order to suppress the evidence gathered during the stop, meaning the evidence could not be used against Cavner. The decision highlighted the importance of having proper legal grounds for police actions, ensuring that citizens' rights are protected under the law.