Criminal Defense Attorney Tulsa | Marijuana Defense Counsel | Cale Law Office
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Around 10:30 PM on August 15, 2017, dispatcher informed an officer of the Tulsa Police Department the car report someone smoking marijuana in a car parked the restaurant. Although the Carla did not identify himself he appeared to be a man. He said he was an employee at the restaurant. Within two minutes receiving this information, the officer drove into the parking lot. He was familiar with location if employed gently part in the West in the parking lot where he saw several cars. There was only one of the call the North and. It was a dark car with Texas license plates. Officer part his vehicle behind the car to proceed. During his approach he knows the defendant was doing something with a console area. He went to the driver’s window tapped on to get a defense attention.

Defendant the car door and the officer merely Detective set up her marijuana. The ulcer asked the defendant was license and insurance information. The defendant gave his name but did not proper the question that 20 Oxley Way to the provided. The officer testified at the suppression hearing that during this exchange the defendant wasn’t listening real well you keep reaching over. Was a bag in the past floor area gets reach no there, reaching for the bag. This may also uncomfortable.

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The officer cannot provide a description of the back. Doctor may been a laptop in the bag and said he didn’t remember if it was a duffel bag or backpack. The officer called for assistance. After another officer arrived, the officer has the defendants to file the car requested permission to search the car. The defendant granted consent to check the vehicle for marijuana. The also found marijuana surrender cars console rest the defendant. Although the officer search the defense person, the officer began to search the car. The first look to the bag that the defendant had been reaching into. Inside the bag the officer saw a stack of cards.

At some point determined that there were a lot of credit cards. The front passenger seat of the defendant’s car was a device that looked similar to a machine used in credit card fraud been seen in the recent investigation. The also took the cards from the back to examine more closely. If you think the police have conducted an illegal search, then you need the best criminal defense attorney Tulsa has offer. Call the Cale Law Office at 918-277-4800. Schedule your free initial consultation with attorney Stephen Cale. Attorney Cale focuses his practice on criminal defense.

Also noticed that all the credit cards were capital one credit card some of them had the defendant’s name on them. The officers then searched the car down further evidence for credit card fall. Was charged with a composition of 15 or more counterfeit or unauthorized access devices with intent to defraud. He moved to suppress evidence discovered during his detention the parking lot. The District Court tentatively exclude savings be planted officers other than the first officer but not the rest motion. Reviewing the denial the motion suppress, the appellate court will view evidence in light most verbal to the government. The discourse to make specific findings in support of a really initial, the appeals court in a political is a reasonable view of evidence to support it.

The appeals court concluded that the defendants initial detention in the parking lot was supported by original suspicion. The ulcer with have probable cause to examine the cards if before doing so hits in the machine the front seat of the defense car and recognized as a device using credit card fraud. The extent and timing of the officer’s knowledge concerning the machine is unclear. The district court number appeals court had pointed machine is a factor support probable cause. Therefore the appeals court assessed probable cause considering machine and hold the probable cause was lacking.

Parties agree that the officer detain the defendant in the parking lot and a reasonable suspicion to do so. Therefore the appeals court examine whether there were specific and articulable facts rational inferences drawn from the sex that gave rise to original suspicion that the defendant had committed or was getting a crime. Regional suspicion this case must be based on the report from an anonymous informant and the officer’s observation of the scene. Whether to provides original suspicion to make a traffic stop in his case specific.

Although no single factors dispositive, relevant factors include the following. One, whether the informant lacked jury anonymity. This means whether the police officer knew some details about the informant or had means to discover them. Secondly, whether the informant reported contemporaneous for 10 knowledge. Thirdly, whether the informant provided detailed information on of the fence observed. Fourth, the informant stated motivation for pouring information. And lastly, whether the police were able to cooperate information provided by the informant.

If you think that you’ve been illegally arrested, call the best criminal defense attorney Tulsa has to offer. 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. He focuses his practice on criminal defense. That means he’s the right kind of attorney for criminal cases. Attorney Cale practices in Tulsa, Tulsa County, Rogers County, Claremore, Creek County, and Sapulpa.