Tulsa Criminal Defense Attorney | Drug Dog Sniff | Cale Law Office
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Are you looking for the best criminal defense attorney? Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. With the Cale law office, you get a free 60-minute initial consultation. You’ll also get a custom-made defense strategy plan.
Here’s a summary of a 2003 criminal case. James Paul was charged with Trafficking in Marijuana in Beckham County. At the close of the State’s evidence at a jury trial, the suppressed the evidence and dismissed the case. The State appeals from this decision on a question of law.
The State raised two related issues: 1. Does the alert of a drug-detecting dog give an officer probable cause to search a vehicle stopped for a traffic violation on a highway without a search warrant? Secondly, is an officer who has probable cause to search a vehicle stopped for a traffic violation on the interstate highway required to obtain a search warrant to search the vehicle? Tulsa criminal defense attorney Stephen Cale said that the Oklahoma Court of Criminal Appeals answered yes to the first question, and no to the second.
The first issue raised by the trial court judge was whether the arresting officer’s observations of Paul and the driver gave the officer reasonable suspicion to further detain them for investigation. An officer may prolong detention after a traffic stop if the officer has an objectively reasonable and articulable suspicion that illegal activity may be occurring. Bases for this suspicion may include inconsistent statements about a destination, and questionable proof of ownership or authority to operate the vehicle. The Oklahoma Court of Criminal Appeals found that those factors were present.
The appellate court then determined the second issue of whether the dog sniff constitutes a search. It found that it does not. Further, it found that the dog sniff, in this case, did not significantly lengthen the time of investigative detention because the dog was on the scene in the officer’s car. Lastly, the appellate court found that a drug dog sniff hit creates probable cause to search a vehicle without a warrant, said Tulsa criminal defense attorney Stephen Cale. The court made its decision based on federal cases from the 10th circuit court of appeals that had addressed similar issues.
The Oklahoma Court of Criminal Appeals determined that the trial judge believed that Oklahoma had not adopted federal law creating a vehicle exception to the Fourth Amendment warrant requirement. The vehicle exception was set forth by the United States Supreme Court in 198t in the case of California v. Carney. The state court of criminal appeals is not required to adopt a U.S. Supreme Court interpretation of the Fourth Amendment to the U.S. Constitution. However, it routinely follows the Supreme Court’s rationale.
In the case at hand, the appellate court found that the officer: 1. made a valid traffic stop; and 2. formed an objectively reasonable and articulable suspicion that allowed him to extend the detention for further investigation. Further, the drug dog’s reaction to the trunk created probable cause to search the vehicle. As a consequence, no warrant was necessary.
If you’ve been charged with a crime that involves a search of your car or any of your property, call the Cale law office at 918-277-4800. Your initial consultation is free.
This content was written for Cale Law Office
If you’ve been charged with a crime and are looking for the best criminal defense attorney, call Tulsa criminal defense attorney Stephen Cale at 918-277-4800. Your initial consultation is free. Attorney Stephen Cale always strives to get the best result for his clients.
Even if you’ve been arrested and not yet charged with a crime, it’s best to call an attorney as soon as possible, said Tulsa criminal defense attorney Stephen Cale. This is a way to get a jumpstart on the prosecution. Of course, people do want the best criminal defense attorney.
Attorney Cale will get working on your case right away. He has had many successes and representing his clients. Sometimes he will get a case dismissed or get a charge reduced. He has a lot of experience with jury trials and is not afraid of them.
Tulsa criminal defense attorney Stephen Cale’s been practicing for almost 20 years. He focuses on criminal defense and civil asset forfeiture, which is similar to an often times connected to a criminal case. Give the Cale law office a call at 918-277-4800 to schedule your free initial consultation.
Oftentimes attorney Cale will file a motion to suppress. This is a way of getting evidence thrown out. Typically if evidence is thrown out, and makes the state’s case so we that it has to dismiss it. Attorney Stephen Cale at the Cale law office has also had charges dismissed against the client because the prosecution did not follow the law. Arguing technicalities are a good way to get a case dismissed.
In one case, a young man had just served as a pallbearer at his grandfather’s funeral. He was upset and drinking. His girlfriend went to an apartment with a former boyfriend. The defendant showed up at former poor friends defendant asked where his girlfriend was. The former boyfriend said that she was in the back to the apartment. The defendant stabbed the victim in the heart. Other people that were there the apartment took the knife away from the 21-year-old.
On appeal, the defendant contended that the judge erroneously instructed the jury on second-degree murder even though that instruction was not requested. The Oklahoma Court of Criminal Appeals stated that a lesser included instruction should be given only if there’s evidence it to support a conviction of the lesser charge. In a similar case, the defendant took a butcher knife from his home and went over to the victim. Within a few minutes, the defendant stabbed the victim in the chest. The Oklahoma Court of Criminal Appeals found of evidence to support a conclusion of the defendant and acted without intent to kill. Likewise, in this case, the defendant to the knife and stabbed the man in the chest not only that, he stabbed the man the heart and continued to try to stab him until overpowered by others.
Tulsa criminal defense attorney Stephen Cale handles even the most serious crimes such as murder. Don’t risk your criminal case with just anyone. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800 schedule your free initial consultation.