Criminal Defense Attorney Tulsa | DUI Marijuana Charge | Cale Law Office

Are you searching for the best criminal defense attorney Tulsa has to offer? Then call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale has nearly two decades of experience. Plus he has the right kind of experience because he focuses practice on criminal defense. Clients give him high reviews because of his excellent service.

This appeal involves a protective sweep of the house incident to arrest of one of its occupants, the defendant. Legal precedents limit protective sweeps. Mainly attention to the place of arrest and absence of specific, articulable information a dangerous person remains of the house. In this case, law officials conduct a protective sweep of the entire house without any information suggesting someone else from inside. The protective sweep yielded items that allow the law enforcement officer to obtain a search warrant for the entire house. A skinny the search warrant, officials found incriminating evidence.

Defendant moved to suppress the evidence, arguing that the protective sweep has gone too far. This court denied the motion. The 10th Circuit Court of Appeals reversed because the protective sweep is not permissible under the fourth amendment. Here’s a summary of the case. Anyone charged with DUI drugs needs to get the best criminal defense attorney Tulsa has to offer.

Defendants convicted felon is named in an arrest warrant for violation of terms of his supervised release. Text can this warrant, officers obtained a search warrant allowing entry into the house only to locate the defendant. Debbie’s can the house to execute the war. When they arrived, the defendant was allegedly in the southeast bedroom. Eventually surrendered and was handcuffed in the front door. Deputies think conducted a protective sweep the entire house. The southeast bedroom farce found two rounds of ammunition of substance appearing to be marijuana.

These items lead the deputies to obtain a search warrant. Unlike the first warrant, the second Ward permits officers to search the entire house for firearms, ammunition in controlled substances. It’s getting the second Ward the deputies found again. The defendant unsuccessfully moved to suppress the evidence of the gun.

The first weren’t permit the officer search only for the defendant to arrest him. Once he surrendered, the officers would ordinarily have lacked authority to continue the search. The prosecution invoke the exception for protective sweeps. The protective sweeps doctrine provides an exception to the fourth amendment warrant requirement. Invoking this exception, the prosecution argued that when the deputies arrived to arrest the defendant, they were permitted to conduct the protective sweep. A protective sweep is not a full search. Instead, it’s a quick, cursory inspection of the premises, permitted when officers reasonably believe, based on specimens particular facts, that the. To be swept harbors an individual posing a danger to those on the arrest scene.

If you think the police have illegally searched her home, then call the best criminal defense attorney Tulsa has to offer. Call the Cale Law Office at 918-277-4800. Attorney Stephen Cale is handled numerous drug crime cases including possession of marijuana, trafficking marijuana, and cultivating marijuana. It’s even handled DUI marijuana cases. He’s been successful in getting some drug cases dismissed.

The seminal president is Marilyn person appeal he. The spring court allowed protective sweeps into situations. The first situation, authorities can look in closets and other spaces. Join the place of arrest from which the attack can be immediately launched. The second situation, authorities can look elsewhere the house upon specific, articulable facts supporting a reasonably that someone dangers makes the house. An attorney with a protective sweep compliance with the fourth amendment, the appellate court will review the matter de novo. The discourse held that the protective sweep that the second situation. The government defense this holding but argues that the protective sweep also fits within the first situation. The 10th circuit Court of Appeals held that the government in the District Court was incorrect.

The record provided some relevant information to a sizable gaps pertinent to the first situation. Know that the ammunition suspected marijuana were found in the southeast bedroom of the defense home near the front door is handcuffed defendant was outside the house when the protective sweep again. If he was outside the house, the first situation probably not allow protective sweep the southeast bedroom. A protective sweep cannot be justified when the arrest occurs outside the house.

When the defendant may been living room of the protective sweep again. She was, there would depend on a wall in the hallway between the defendant in the southeast bedroom. For purposes of the protective sweep, the kitchen did not enjoy the living room where the two were separated by solid bar counter upstream the view between two rooms.
Deficiencies of the court record, the appellate court cannot come from the discourse ruling based on governments only a reliance on the first situation. The disc court amino findings regarding the proximity of the location of the fence arrest of the area that law enforcement officer only search.

DUI drug charges often involved a search of the vehicle or residence. Sometimes the best criminal defense attorney Tulsa has to offer can get evidence thrown out. This involves a thorough knowledge a fourth amendment law, said Tulsa criminal defense attorney Stephen Cale. Attorney Stephen Cale will try to get evidence thrown out by filing a motion to suppress evidence. This means that assessment court to throw out evidence because it was illegally obtained.

If you’re looking for the best criminal defense attorney Tulsa has to offer, look at client reviews. Attorney Stephen Cale has a large number of great reviews from his clients. He can also look at the testimonials that clients have given at Attorney Cale practices primarily in Northeast Oklahoma. This includes Tulsa, Glenpool, Bixby, Jencks, Sapulpa, Catoosa, Tulsa County, Rogers County, Creek County and Claremore.

The meaning of arrest can vary based on context. For example one apply the fourth amendment to the rest of the public Terry, we consider arrest take place when the individual submits to authority. But apply to speedy trial act, some courts consider arrest take place when the individual has been formally charged the crime. Here, print officer would’ve been conducted a protective sweep and the defendant was Artie handcuffed.