Traffic Violation

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-2018-954

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **Case No. F-2018-954** --- **CHRISTIAN D. MOLINA-SOLORZANO, Appellant,** **v.** **THE STATE OF OKLAHOMA, Appellee.** --- **SUMMARY OPINION** **ROWLAND, JUDGE:** Appellant Christian D. Molina-Solorzano appeals his Judgment and Sentence from the District Court of Beckham County, Case No. CF-2017-259, for Aggravated Trafficking in Illegal Drugs, in violation of 63 O.S.Supp.2015, § 2-415. The Honorable F. Douglas Haught presided over the non-jury trial, found Molina-Solorzano guilty, and sentenced him to fifteen years imprisonment, $1,000.00 fine, and one year of post-imprisonment supervision. Molina-Solorzano raises the following issues: 1. Ineffective assistance of counsel for failing to challenge the basis for the traffic stop. 2. Ineffective assistance of counsel for failing to inform him of his rights under the Vienna Convention on Consular Relations (VCCR). 3. Entitlement to retroactive application of recent changes in law regarding parole eligibility for aggravated trafficking convictions. **DECISION:** After review, we find relief is not warranted and affirm the district court's Judgment and Sentence. **1. Ineffective Assistance of Counsel: Traffic Stop Challenge** Molina-Solorzano asserts that defense counsel was ineffective by not challenging the validity of the traffic stop, which he claims was based on race discrimination and an inadequate fog light infraction. To succeed on an ineffective assistance claim, Molina-Solorzano must demonstrate: - Counsel's performance was deficient. - The deficiency resulted in prejudice that affected the outcome of the trial. The Fourth Amendment prohibits unreasonable searches and seizures, and a traffic stop is valid if the officer had probable cause or reasonable suspicion of a traffic violation. The record, including video evidence from the traffic stop, supports that the stop was justified due to a fog light infraction. The trooper's testimony confirmed that visibility was over a mile, and thus the use of fog lights constituted a violation under Oklahoma law. Since the stop was justified, Molina-Solorzano cannot establish that counsel's failure to challenge it affected the trial's outcome, denying his ineffective assistance claim. **2. Ineffective Assistance of Counsel: VCCR Rights** Molina-Solorzano also contends that defense counsel failed to inform him of his rights under the VCCR, which would have allowed him to contact the Mexican consulate for assistance. To evaluate this claim, we consider: - Whether he was unaware of his right to contact his consulate. - Whether he would have utilized that right had he known. - Whether the consulate's assistance would have likely aided his defense. The record lacks evidence that Molina-Solorzano was unaware of his rights or that assistance from the consulate would have changed the trial's outcome. Appellate counsel's assertions do not suffice to demonstrate these conditions. Therefore, this claim is also denied. **3. Retroactive Application of Parole Changes** Molina-Solorzano argues that he should benefit from recent legislative proposals reducing parole eligibility terms for aggravated trafficking convictions. However, as legislation is not retroactive unless explicitly stated, and the referenced Senate Bill was never enacted, his claim is moot. **CONCLUSION:** The Judgment and Sentence of the district court is AFFIRMED. The MANDATE is ORDERED issued upon filing of this decision. **APPEARANCES** - Kenny R. Goza, Counsel for Defendant - Debra K. Hampton, Counsel for Appellant - Gina R. Webb, Counsel for State - Mike Hunter, Attorney General of Oklahoma - Joshua R. Fanelli, Assistant Attorney General **OPINION BY:** ROWLAND, J. **Concur in Results:** KUEHN, V.P.J. **Concur:** LUMPKIN, J. **Concur:** HUDSON, J. --- For the full decision, click here: [Download PDF](https://opinions.wirthlawoffice.com/wp-content/uploads/F-2018-954_1734874505.pdf)

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F-2018-542

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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.

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M-2017-137

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In OCCA case No. M-2017-137, Jerrad Sterling Nunamaker appealed his conviction for possession of a controlled dangerous substance, unlawful possession of drug paraphernalia, and speeding in excess of the lawful limit. In an unpublished decision, the court decided to modify Nunamaker's fine for speeding to $20.00 and vacated the victim compensation assessment for that offense. One member of the court dissented.

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F-2016-1015

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**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** **DERRECK RYAN GRAY,** Appellant, Case No. F-2016-1015 **V.** **STATE OF OKLAHOMA,** Appellee. --- **SUMMARY OPINION** **LUMPKIN, PRESIDING JUDGE:** Appellant Derreck Ryan Gray was convicted by jury of Unlawful Possession of a Controlled Dangerous Substance (Methamphetamine) With Intent to Distribute (Count I) and Obstructing an Officer (Count II) in the District Court of Payne County. The jury recommended a sentence of twenty-four years for Count I and one year in jail with a $500 fine for Count II. The trial court sentenced Appellant according to the jury's recommendations, though it reduced the fine in Count II to $100. The sentences were ordered to run concurrently. Appellant appeals, raising one proposition of error: 1. The trial court erred in denying Appellant's motion to suppress evidence obtained during what he contends was an illegal seizure. After reviewing the details of the case and the arguments presented, we conclude that no relief is warranted. During the traffic stop for a violation, neither the driver nor Appellant had valid driver's licenses. Consequently, the vehicle was to be impounded. Upon concluding the traffic stop, Appellant was free to leave, but officers instructed him to exit the vehicle to inventory it. As he did, Officer Cluck observed a plastic bag drop to the floor. When instructed not to touch it, Appellant ignored this and attempted to flee with the bag. Officer Cluck arrested Appellant for Obstructing an Officer, which permitted retrieval of the bag. Subsequent analysis of the bag revealed it contained methamphetamine. Appellant asserts that the seizure of the bag was improper; however, he does not dispute the legality of the traffic stop or the imminent impoundment. His attempt to flee with the bag constituted obstruction, providing probable cause for his arrest. This established legal basis nullifies his argument against the seizure of the evidence. In reviewing the trial court's actions regarding the suppression motion, we find no abuse of discretion. The trial court's denial of the motion to suppress is affirmed, as Appellant's conduct provided justification for his detention and the subsequent evidence seizure, which does not violate his Fourth Amendment rights. **DECISION** The JUDGMENT and SENTENCE is AFFIRMED. The MANDATE is ORDERED issued upon the filing of this decision. --- **APPEARANCES AT TRIAL** Royce Hobbs, Stillwater, OK, Counsel for Defendant **APPEARANCES ON APPEAL** Robert W. Jackson, Norman, OK, Counsel for Appellant Laura Austin Thomas, Payne County District Attorney **OPINION BY:** LUMPKIN, P.J. **Concur:** LEWIS, V.P.J.; HUDSON, J.; KUEHN, J.; ROWLAND, J.

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S-2014-564

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In OCCA case No. S-2014-564, Christopher Knight appealed his conviction for unlawful possession of a controlled dangerous substance (methamphetamine). In an unpublished decision, the court decided to affirm the trial court's decision to suppress the evidence found during the search. One judge dissented. Christopher Knight was walking late at night in Ardmore, Oklahoma, when an officer saw him and decided to approach him. The officer, who was still in training, had been told by his supervisor to check on people out late at night. The officer stopped in front of Knight and asked if he could talk to him. Knight agreed to talk, and during their conversation, the officer asked if he could search Knight, to which Knight also said yes. However, the officer later admitted that Knight was not doing anything wrong at the time and there was no good reason for stopping him. Knight argued that the way the officer stopped him made him feel like he had to talk and that he was not free to leave. The court needed to decide if Knight was stopped in a way that violated his rights. The court found that it was not clear that Knight's encounter with the officer was truly voluntary. The State needed to show that Knight felt free to walk away, but there was no evidence that he could easily avoid the officer. Because of this, the court agreed with the trial judge that the evidence collected during the search should not be used against Knight. As a result, the court affirmed the trial court's ruling to suppress the evidence and ordered the case to go back for more proceedings, as long as they followed the decision made. One judge disagreed with this decision, believing that the officer should not be blamed for simply talking to Knight.

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S-2012-194

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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.

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S-2009-858

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In OCCA case No. S-2009-858, Jeffrey Dale Brumfield appealed his conviction for Possession of Methamphetamine. In a published decision, the court affirmed the district court's ruling that evidence discovered during a search of his vehicle should be suppressed. The ruling was based on the fact that the officer did not have enough probable cause to conduct the search after initially letting the Brumfields go. In this case, one judge dissented. In OCCA case No. S-2009-862, Margaret Ann Brumfield also appealed her conviction for Possession of Methamphetamine. The decision in her case followed the same reasoning as her husband's case, reaffirming the district court's decision to suppress evidence. The judge's ruling was similarly supported by the reasoning that the officer lacked the necessary probable cause for the searches conducted. Again, one judge dissented on the conclusion reached by the majority. The essential facts involved a traffic stop initiated because of speeding and a lack of a valid driver's license. The officer suspected drug use and searched the vehicle, which initially produced no evidence. The second search resulted in the discovery of methamphetamine after a recording revealed incriminating conversation. Ultimately, the court concluded that the officer's actions were not justified legally, leading to the suppression of the evidence collected.

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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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M-1999-569

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In OCCA case No. M 99-0569, the Appellant appealed his conviction for possession of drug paraphernalia. In a published decision, the court decided that there was insufficient evidence to support the conviction. Two judges dissented.

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