Tulsa Criminal Lawyer | Search Warrant Fighter
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As a general rule, when police obtained a statement through custodial interrogation after an illegal arrest, it should be excluded. The exception to that is if the chain of causation between the illegal arrest of the statement is officially attenuated. That means that confession was officially an act of free will to purge the primary taint.
Here’s a summary of aanOklahoma Court of Criminal Appeals case that the Cale Law Office did not handle. A woman called the police asking for help in retrieving belongings from inside a trailer house should be living. She reports this dispatcher that there were some men in the house. They were out of town visitors of her roommate. She said that they had marijuana, cocaine, and guns.
Additionally, she stated that the men would not let her inside a residence. So, she feared for her safety wanting to retrieve her belongings. Next, officers knocked on the door with guns drawn a ready position. They removed the man, including the defendant. Then they entered the home for protective sweep based on the woman’s report the presence of guns in the home.
Next, the officer secured to firearms in plain view. And then clear the home of occupants with the exception of one man with mobility issues. That man sat just inside the front door of the trailer house. Officers noticed the odor for all marijuana. The woman who lived there consented to a search or turnarounds.
Best Tulsa criminal lawyer will tell you to never consent to a search. Also, you never want to talk to police. If the police arrested you after make the search, call the Cale Law Office at 918-277-4800. Get your free initial consultation. So make the call today.
Officers found a large amount marijuana in the backpack. They found this backpack in the bedroom and notified special operations. Special operations detective obtain a search warrant and seized the drugs and guns. At the trial court level, the defendant moved to suppress the evidence.
The state argued that the defendant did not have standing to contest the search. However, the Oklahoma Court of Criminal Appeals said that the defendant was an overnight guest of the lawful resident. Therefore, he had standing to challenge the search of this case. Or held that an overnight guest has a legitimate expectation of privacy in the host’s home. Consequently, a person is standing to challenge the search of it.
To establish standing to contest the constitutionality of the search, the defendant must show the other legitimate expectation of privacy in the embedded place. Therefore, the Oklahoma Court of Criminal Appeals said that the state’s contention lacked merit. The appeals court analyzed the constitutionality of the search under fourth amendment law.
Courts presume that warrantless searches and seizures inside of the home are unreasonable, and therefore, contrary to the fourth amendment. However, this presumption can be overcome by showing one of the few specially established to weld delineated exceptions to the warrant requirement.
Another case, the defendant shot and killed a stepbrother, Michael, who had been on the road. Two witnesses saw the brother on his knees in the road on the defendant shot up with a chance. After that, the brother fell in the defendant shall begin the face. It also shot in the arm.
The defendant walked up to his pick up and drove away, leaving a stepbrother the road. Next motorcycle was purchased a few yards from where was lying. The killing took place near his home. Earlier, another witness on the victim’s motorcycle. He also saw the fence pick up traveling east on the road at a high rate of speed. Vascular cells possible. The blood on the left side of a motorcycle.
Medical examiner found three wins to the victim. They went to his left arm went through his arm and into the left side of his chest. Was one to the right side of the chest and another to the rights of the victim’s face. Clinical content it also had levels of antidepressants in system.
The shooting was the collimation of a few between the defendant in this step mother’s family. This includes a stepbrother. It began soon after his father died. His stepmother testified that when her strange husband died, the defendant moved into his house. However, the mother was a joint owner and she start proceedings to have them removed from the house.
One day, about seven months prior to the shooting, the one with the victim who was her son, to visit couple friends. They talk about getting the defendant the house. Set around drinking beer decide that they should get the defendant of the house before you a chance to cause damage. So, they went to the house and the victim one friend went to the door. The defendant met them at the door carrying a cane.
The defense for both me with a cane, causing them to fall to the ground. The mother went to the door carrying a baseball bat. She told her stepson that the house is hers and she wanted him out. The defendant gathered his children and drove away. Woman standard at night and apparently moved in.
The time, about five weeks before the shooting, the woman and her son drove by the defendant. He started yelling and cursing them out. But, they just drive on by. There that day, however, the brother received threatening text messages from the defendant.