Possession of Controlled Drug

S-2018-952

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### COURT OF CRIMINAL APPEALS ### STATE OF OKLAHOMA ### CASE NO. S-2018-952 **THE STATE OF OKLAHOMA** Appellant, v. **JOHN GLENN MORGAN** Appellee. **OPINION** *Rowland, J.:* The State of Oklahoma charged John Glenn Morgan with possession of a controlled drug, unlawful possession of drug paraphernalia, and unsafe lane change. Following a motion to suppress evidence obtained during a warrantless search of Morgan's vehicle during a traffic stop, the district court granted the motion, resulting in the dismissal of two felony counts against Morgan. The State appeals this decision, claiming errors in the district court's evaluation of the traffic stop's duration, Morgan's consent to a search, the justification for continued detention, and the applicability of an independent source doctrine. **BACKGROUND** On September 5, 2018, Owasso Police Officer Josua Goins stopped Morgan after witnessing reckless driving. During the stop, a drug dog was brought to screen the vehicle. After the dog alerted, officers found methamphetamine and drug paraphernalia. The district court later ruled that the extended detention to wait for the drug dog was not supported by reasonable suspicion after the initial traffic violation was addressed. ### DISCUSSION #### Proposition 1: Proper Evaluation of Duration of the Stop The court acknowledges that any motorist has the right to be free from unreasonable searches and seizures under both the United States and Oklahoma Constitutions. A traffic stop should be limited to its purpose, and any extended detention must be justified through reasonable suspicion. The district court considered the duration of the stop and determined that once Officer Goins had administered necessary tests and checks, he had no basis for further detention and should have issued a citation. #### Proposition 2: Consent to Search and Duration Requirements The State argues that Morgan's consent to search the trailer should extend the permissible duration of the stop. Still, the court finds that the time spent inspecting the trailer after the sober tests and inspection does not justify further detention without any additional reasonable suspicion of criminal activity. #### Proposition 3: Justification for Extended Detention The State failed to provide sufficient justification for extending the detention beyond investigating the traffic violation. The details already addressed during the stop contradicted the necessity for prolonged inquiry based on Morgan's logbook, a secondary issue due to the unavailability of a trooper to assist. #### Proposition 4: Independent Source Doctrine The State contended that any evidence obtained during the illegal extension could be justified under the independent source doctrine; however, the trial court found no separate basis for the initial stop's extension that would legitimize the evidence obtained afterward. ### DECISION The Court affirms the district court's ruling to grant Morgan's motion to suppress. The evidence obtained during the extended stop is inadmissible, reinforcing the importance of adhering to constitutional protections against unreasonable search and seizure during traffic stops. **Affirmed**. **Concurrences**: Lewis, Kuehn, Lumpkin, Hudson. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/S-2018-952_1734278226.pdf)

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F-2018-0851

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**In The Court of Criminal Appeals of the State of Oklahoma** **Keye Yarnell Smith,** Appellant, **v.** **The State of Oklahoma,** Appellee. **No. F-2018-0851** **Filed August 15, 2019** **Summary Opinion** **Presiding Judge Lewis:** On December 23, 2014, Keye Yarnell Smith was charged in Tulsa County Case No. CF-2014-6405 with: - Count 1: Possession of Controlled Drug (felony) - Count 2: Unlawful Possession of Drug Paraphernalia (misdemeanor) - Count 3: Obstructing an Officer (misdemeanor) Smith pled guilty to all counts on August 26, 2015. Sentencing was deferred until August 17, 2018, pending successful completion of the Tulsa County Drug Court program, which would result in a four-year deferred sentence for Count 1, with Counts 2 and 3 dismissed. If terminated from the program, he would face six years imprisonment for Count 1 and one year in the County Jail for Counts 2 and 3, with sentences running concurrently and credit for time served. On July 5, 2018, the State filed a Motion to Revoke Smith’s participation in Drug Court, citing violations of program rules. After a hearing, Special Judge April Seibert ordered Smith's termination from the program and sentenced him per the plea agreement. Smith appeals this decision, claiming the trial court abused its discretion in terminating him from Drug Court. On appeal, Smith argues the court lacked adequate information due to the absence of the Performance Contract and Rules of Drug Court in the record. However, evidence provided during the hearing demonstrated that the trial court did not abuse its discretion. Oklahoma Statute Title 22 O.S. § 471.7(E) outlines that drug court judges must recognize relapses and provide progressive sanctions, rather than automatic termination, unless the offender's conduct warrants such action. The judge has broad authority over program removal decisions as outlined in § 471.7(G). This Court reviews the lower court’s decisions for abuse of discretion, which requires Smith to show that the court reached a clearly erroneous conclusion. No objections were raised by Smith regarding the allegations or the lack of understanding of the program's rules. **Decision:** The Court affirms the State’s Motion to Revoke Smith’s participation in Drug Court in Tulsa District Court Case No. CF-2014-6405. The mandate will be issued upon the delivery and filing of this decision in accordance with Rule 3.15 of the Oklahoma Court of Criminal Appeals. **Appearances:** - **Counsel for Appellant:** Stephanie Singer - **Counsel for Appellee:** Cindy Cunningham, Assistant District Attorney - **Attorney General:** Mike Hunter, Sher M. Johnson **Opinion By:** Presiding Judge Lewis **Concurred by:** Vice Presiding Judge Kuehn, Judge Lumpkin, Judge Hudson, Judge Rowland. [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-0851_1735123379.pdf)

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S-2014-786

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In OCCA case No. S-2014-786, the State of Oklahoma appealed the conviction of Douglas Raymond Norwood for misdemeanor possession of marijuana. In an unpublished decision, the court decided to affirm the lower court's ruling, which dismissed the felony charge that the State had brought against him. The court also accepted Norwood's guilty plea for the misdemeanor charge. One judge dissented. The case began when the State charged Norwood with felony possession of marijuana because he had three prior convictions related to drug offenses. Norwood argued that because his past convictions were not from the specific law under which the State was trying to charge him this time, his current charge should be treated as a misdemeanor instead of a felony. The trial court agreed with Norwood and dismissed the felony charge, allowing him to plead guilty to the lesser charge. The State then appealed, but the court explained that its ability to appeal was limited by law. They could only do so in specific situations, one of which is if there has been a dismissal that prevents further prosecution. The court indicated that the trial court had correctly dismissed the felony charge because the law only allows such enhancements to felony charges when a person has previous convictions specifically under that law. The court referred to a similar earlier case, showing that they had already decided against the State in a comparable situation. They reaffirmed that in order to enhance a charge to a felony, the previous convictions must originate from the same specific law, which was not the case for Norwood. In conclusion, the court upheld the decision of the lower court to dismiss the felony charge and accepted Norwood's guilty plea for misdemeanor possession. Thus, the appeal was rejected, and the original ruling was confirmed, with one judge explaining why he disagreed with the outcome.

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S-2009-623

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In OCCA case No. S-2009-623, Walker appealed his conviction for possession of a controlled drug with intent to distribute. In an unpublished decision, the court decided to affirm the lower court's ruling that reduced the charge to a misdemeanor for possession of marijuana. One judge dissented from the decision. Walker was originally charged after police found a small amount of marijuana at his home. A person named Brawdy had earlier told deputies that he bought marijuana from Walker. When the police searched Walker's home, they found a very small quantity of marijuana and no other evidence like cash or scales that would suggest he was selling drugs. Two district judges reviewed the evidence and concluded that it did not support the idea that Walker intended to distribute drugs; they only found evidence that he might have had the marijuana for personal use. The state argued that since Brawdy mentioned buying drugs from Walker earlier, this should mean Walker had intent to sell. However, the court pointed out that without more evidence, like packaging or cash, they could not say Walker intended to sell the drug. The judges decided that the lower court acted correctly in reducing the charge. Therefore, the ruling from the District Court that lowered Walker's charge to a misdemeanor was upheld.

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S-2005-890

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In OCCA case No. S-2005-890, Ryan Layne Short and Victor Suarez Ortuno appealed their conviction for drug-related charges. In an unpublished decision, the court decided to affirm the District Court's dismissal of the case against both defendants. One judge dissented. Ryan Layne Short and Victor Suarez Ortuno were charged with several crimes, including trafficking illegal drugs and other drug-related offenses. On September 1, 2005, the District Court decided to dismiss the charges after finding that the traffic stop that led to the arrests was illegal. This decision went through different hearings, with judges initially disagreeing before ultimately siding with the defendants. The main reason for upholding the dismissal was that the officer lacked sufficient evidence to justify the traffic stop. The court reviewed whether the District Court had made any mistakes in handling the case. They concluded that the court had acted correctly by recognizing that there was no valid reason to stop the vehicle. In summary, the court supported the District Court’s decision to dismiss the case against Short and Ortuno because the initial traffic stop was not lawful. This meant that evidence gathered during that stop could not be used against them. One judge disagreed with this outcome, believing that the case should have been handled differently.

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RE-2000-630

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In OCCA case No. RE-2000-630, the appellant appealed his conviction for possession of a controlled drug. In a published decision, the court decided that it was an error for the lower court to revoke the appellant's suspended sentence because the original case had been dismissed. The court found that the trial court did not have the authority to accept a plea or impose a sentence in the dismissed case, which meant the lower court had no jurisdiction. Therefore, the order revoking the suspended sentence was vacated. One judge dissented.

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