Investigatory Stop Archives

F-2006-538

Post author:Staff
Post published:November 15, 2007
Post category:F

In OCCA case No. F-2006-538, Manh Micahel Mach appealed his conviction for several drug-related offenses. In an unpublished decision, the court decided to reverse three of the convictions and affirmed the others. One member of the court dissented. Mach faced multiple charges, including unlawful possession of cocaine, methamphetamine, and marijuana with the intent to distribute, as well as failure to obtain a drug tax stamp, unlawful use of surveillance equipment, and possession of a firearm during a felony. He was sentenced to numerous years in prison and fines, with all sentences to be served one after the other. The court looked at several issues raised by Mach. First, they confirmed that he had waived his right to a jury trial knowingly. They also found that the police had reasonable suspicion to stop him, which led to a lawful search of his car after he consented. However, Mach's convictions for possessing cocaine, methamphetamine, and marijuana with the intent to distribute were seen as overlapping offenses. He was found guilty of only one violation for possessing these drugs for distribution, meaning the court reversed two of those drug convictions. The court also agreed with Mach that he was wrongly convicted for failing to obtain a tax stamp because there was no evidence presented about this charge. Thus, that conviction was reversed and dismissed. The evidence showed that Mach was guilty of using surveillance equipment to avoid police detection while selling drugs, so that conviction was affirmed. The court held that Mach's overall sentence was not excessive and within legal limits, leading to the conclusion that other convictions must remain as is. In summary, the court reversed and dismissed some convictions while affirming others based on their findings regarding the lawfulness of the search, evidence presented, and the nature of the offenses.

M-2004-802

Post author:Staff
Post published:October 21, 2005
Post category:M

In OCCA case No. M-2004-802, the appellant appealed his conviction for Driving Under the Influence of Alcohol and Possession of a Controlled Dangerous Substance (Marijuana). In a published decision, the court decided to reverse the conviction and remand with instructions to dismiss. One judge dissented. The case began when the appellant was stopped by a police officer early in the morning because his car was parked in a lot with its lights on, near a closed restaurant. The officer got suspicious due to a series of burglaries happening in the area recently. When the officer approached the car, it began to move. The officer then decided to stop the vehicle to ask what the appellant was doing there. During the trial, the appellant argued that the stop was illegal. He believed that the officer did not have enough reason to suspect that he was doing something wrong. The officer admitted during the hearing that he did not know for sure if the appellant was involved in criminal activity when he made the stop. The court reviewed the situation and concluded that the officer did not have a good reason to think the appellant was doing anything suspicious. They pointed out that the appellant's actions could easily be seen as innocent. The conclusion was that the officer did not have reasonable suspicion, which is necessary to make a legal stop, and therefore the evidence collected after the stop should not have been used against the appellant. Ultimately, the court reversed the conviction, meaning that the case would not proceed further and the appellant's charges would be dismissed. One judge disagreed with the decision, arguing that the officer had good reasons to make the stop based on the circumstances around the time and location.

F 2002-772

Post author:Staff
Post published:July 29, 2003
Post category:F

In OCCA case No. F 2002-772, Joseph Alexander Simrak appealed his conviction for Possession of a Controlled Dangerous Substance and Possession of a Firearm after a felony. In an unpublished decision, the court decided to reverse the conviction and remand the case with instructions to dismiss. One judge dissented. The case began when the appellant was arrested. He was found with methamphetamine and a firearm, which he challenged in court, arguing that the arrest was not lawful. The appellant claimed that because his arrest was unlawful, all the evidence found during the arrest should not have been used against him in court. The court agreed with the appellant and found that the information used to justify his arrest was not reliable. Therefore, the evidence from the unlawful arrest should not have been included in the trial. The jury had previously decided that the appellant should go to prison for ten years for each charge, and those sentences were to be served one after the other. However, since the court found the arrest illegal, both convictions were reversed. The remaining issues raised by the appellant were not considered because the ruling on the arrest was significant enough to change the outcome of the case. Ultimately, the court stated that the appellant would not be punished for these convictions due to the way the evidence was obtained.