Criminal Defense Attorney Tulsa | Aggressive Lawyering | Cale Law Office
When you’ve been charged with a crime, you need the best criminal defense attorney Tulsa has. Call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale has been practicing for nearly 20 years. But is not just the fact that his practice for long time that matters. He also has the right kind of experience because he focuses his practice on criminal defense.
A jury convicted the defendant possession with intent to distribute marijuana and conspiracy to commit same. Law enforcement officer and stopped the defendant after serving as failure to yield to the mercy vehicle while driving. Evidence uncovered during the traffic stop was presented as trial. On appeal, the challenges the district court’s denial this motion to suppress evidence from the traffic stop. He argues that the officer stopped his vehicle lacked probable cause. Here’s a summary of the case.
Based on the tip from a confidential informant, Tulsa County drug task force identified apartment is the distribution point for the storage and sale of large qualities of methamphetamine and marijuana. The informant also told officers to expect a little marijuana be transported the white van from the apartment. Identified with attorney dealers is a Hispanic male. During surveillance of the apartment, blue pickup truck stopped at the apartment complex. As black men entered the apartment. Later, to Hispanic man left the apartment, with one driving off in a white van in the other following the blue pickup.
The survey was to decide not to meet me stop the vehicles but told them in hopes of gaining additional information. Due to heavy traffic in the concern that they can lose the vehicles, the officers decided to stop the white van, was the believe contain contraband marijuana. The ulcer the nearby patrol car pulled into the traffic to vehicles between him and the white van. The officer activated his vehicles of mercy lights and siren. The two vehicles quickly moved out of the way, leaving only the white van followed by the blue pickup truck ahead
If you believe the you’ve been illegally stopped by police, then you need the best criminal defense attorney Tulsa has. Call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale is a skilled criminal defense attorney with many years of practice. He has had success in getting drug crimes dismissed.
At that point, the blue pickup truck did not yield or meekly pull over. It also follow for about half a mile before he could driver in the blue pickup truck and stopped white van. The driver Stephen because he and the search of the van refilled five bills marijuana weighing of the five held, freezer bags and scales. A second officer, followed behind the first ulcer, observed him acting his emergency lights and sirens and noticed the blue pickup truck cannot really pull over. After the pickup truck only pulled over, the second officer stopped for failure to yield to the mercy vehicle. The defendant was driving the pickup truck. During the stop, he could not produce a driver’s license instead he was in the United States illegally. He was taken into custody of a visual inspection of the vehicle revealed several roles of vacuum sealing plastic and a digital scale.
Prosecutors charged the defendant with one count of possession with intent to distribute marijuana and one count of conspiracy to commit the same. He filed a motion to suppress evidence the statements obtained as a result of the traffic stop. He argued that the stop is not supported by probable cause or original article suspicion that a traffic violation occurred. A magistrate judge held a hearing on the most suppress an issue to report and The and that the motion be denied.
The 10th circuit Court of Appeals said that the traffic stop was found to the officer observed the defendant failed to yield to the mercy vehicle inactivated to mercy lights and sirens is required by Oklahoma law. The discourse finding concerning motions to suppress will be viewed in the light most favorable to the prosecution. However, the ultimate dissemination of reasonableness of the fourth amendment is a question of law. The legality of the traffic stop will be reviewed under the principles established in Terry vs. Ohio. Generally, there could two questions to ask. The first is whether traffic stop is justified at its inception. The second is whether the resulting detention was reasonably related to the scope of the circumstances that justify the stop in the first place.
The defendant only tells the legality of the traffic stop. A traffic stop is justified at its inception if an officer has one of two things. One is probable cause to believe that the traffic violation has occurred. Or secondly, a reasonable articulable suspicion that a particular motors has violated any of the traffic requirement regulations of the jurisdiction. An individual officer subjective intentions are not relevant for fourth amendment purposes. The validity of the traffic stop is justified objectively by probable cause to believe that a traffic violation has occurred. The trooper subjective intent are good faith does not affect the reasonableness of the stop. Even if an officer has a subjective money for a traffic stop, this will not invalidate objectively justified behavior under the fourth amendment.
Under Oklahoma law, if an officer activates his vehicles emergency lights concerns, but the driver failed to yield really pull over to the right, the drivers committed a traffic violation. The defendant claims has traffic stop wasn’t justified in responding the fourth minute because the officer lacked probable cause to stop and based in violation of the statute. The contents driver must have reasonable opportunity to recognize emergency vehicle and check the adjacently determined that safety yield pull over. He does the officer who stopped en route his report that the defendant failed to yield not state how much time and passed.
The best criminal defense attorney Tulsa has says that little things can get people a big trouble. A lot of times traffic stops result in more than just a morning or a citation. That’s because the police encounter increases the chance of an arrest for a more serious crime. You need an effective attorney who will fight hard for you. Call the Cale Law Office at 918-277-4800.