Criminal Defense Attorney Tulsa | Cocaine Defense Lawyer | Cale Law Office

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A Claremore police detective was sitting in his patrol car parked in the median of Interstate 44. He noticed a group of cars passing traveling east. He pulled into the traffic to observe them in spite of a call with an Arkansas license plate the right lane at the back of the group. At the detective fall the group, he saw the car crossed the solid white line separating a roadway from the shoulder. The detective knows that the driver of the car, the defendant in this case, just across the line issue was watching the detective vehicle in a rearview mirror. He did not notice any wind that could cause the car to dress.

The detective pulled their car over to the side of the interstate a purse pastors on the vehicle. He asked the defendant for license, proof of insurance, and registration. She provide them to him. As the defendant was treating her paperwork, the detective noticed a single key in the ignition, multiplier firsters, and a lived in appearance to the interior of the car. After reviewing the defense license and other paperwork, the detective asked her to accompany him to his vehicle. She agreed. The best criminal defense attorney Tulsa has to offer will tell you that traffic violations can turn into a big ordeal.

The defense in the front passenger seat. The detective said the driver’s seat as he talked with the defendant and checked her paperwork is computer. His plea stop was in the back. According to the detective, she did not return the concern by the police talk. After the check was complete, the defendant received a warning citation for crossing the solid white line. The detective returned the paperwork to her and asked her if she was going to go. As the defendant turned to the door and grabbed the handle, the detective inquired whether he could ask more questions. She agreed.

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The detective then asked the defendant whether she was transporting any drugs. She replied no. He asked if he could search the car. She consented. Another officer arrived to assist with the search. The detective uses placed on the search the car. The dog indicated the presence of narcotics near the rear bumper, the driver side door, and a console. The defendant told the detective that the dogs possible or must have come from her use of cocaine earlier that day. She produced a baggie of cocaine from her pocket.

The detective confiscated the baggie, proceeded to search the car, and found methamphetamine and cocaine the doors and pumper. Prosecutors charged her with one count possession with intent to distribute more than five grams cocaine and one count of possession with intent to distribute of amphetamine.

The defendant moved to suppress the evidence obtained in the search, arguing that the detective lacked reasonable suspicion to stop or vehicle for traffic violation. At the suppression hearing, defense counsel argued that the detective did not committed traffic violation because the statute requires not only departure the vehicle from the traffic lane but also the presence of evidence have the condition. The defendant argued that both Rapson. The attorney also argued that any consent that the woman came to the detective to search the vehicle was not knowing or voluntary.

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The detective testified that he saw the defendant’s vehicle crossed the shoulder line. He said there is typically ternary on the shoulders of the interstate, which is a safety hazard. So the pre-on the person in estate where the defendant was driving. You cannot say how close the car came to any debris that he observed. He testified that appear that the defendant was so intent and concentrator washing him to review mere that made appeared that was the reason she left lane of travel. The defendant testified at the hearing that she never crossed the shoulder line. The district court granted the detective’s testimony and denied the motion suppressed. Determined that the detective had original suspicion to stop the defendant and that the defendant voluntary consent to search the car.

Under the fourth amendment, traffic stop, to be justified at its inception must be based on observed traffic violation or a police officers reasonable article suspicion that a traffic or equipment violation has occurred or is occurring. While original suspicion is less demeaning standard of probable cause requires a showing to simply less than a preponderance of evidence, the fourth member requires at least a minimal level of objective this case information the stop.

The Court of Appeals affirmed the district court’s determination of the search was lawful. It did so because, first, reasonable suspicion supported the traffic stop. Secondly, the stop became a consensual encounter. And thirdly, the defendant consented voluntarily to the subsequent search. The defendant concedes that the traffic stop dated the subsequent search is premised upon a ruling that the traffic stop was illegal. Because I truck stop was based on original suspicion, it did not take the subsequent search.