Tulsa Criminal Defense Attorney | Narcotics Case Lawyer | Cale Law Office
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If you’ve been charged with a drug crime, you need aggressive legal representation. Call Tulsa criminal defense attorney Stephen Cale at 918-277-4800 your initial consultation with the Cale law office is free. Attorney Stephen Cale has nearly two decades of experience. He focuses his practice on criminal defense. When you meet with him, attorney Cale will provide you with a free defense strategy plan document custom-made for your case.
The Oklahoma court criminal appeals has held that when a person is legally arrested for a crime, whatever the officer finds on that person within his control may be seized and held for evidence. An officer may also lawfully search the person in the immediately surrounding so the keys were fruits of the crime. It may also search evidence which were used in the preparation of the let’s crime. If an officer has probable cause to believe that there’s can’t been somewhere in the car, then the officer may search the car without a warrant. This may be done even though it does not know exactly where the contraband is located. He may search the entire car as well as any containers found in there.
An officer may arrest a person without a warrant when: 1) the felony has been committed; and 2) the officer has reasonable cause for believing that the person arrested is committed it. A police officer may also make a warrantless arrest if the officer has probable cause to believe that the person has committed a felony. If at the time the arrest the facts and circumstances within the arresting officer’s knowledge or sufficient to war to prudent man in believing offense has been committed, then the arrest is lawful. The U. S. Supreme Court is announced this has the law. Was the detective placed the defendant under arrest for conspiracy to distribute cocaine and discovered additional evidence, the officers have probable cause to search the vehicle.
Finally, the defendant argued that the trial court should of in both rule sequestration. A party can have witnesses excluded to the they cannot hear the testimony of other witnesses. The defendant request the rule after the state had called the second witness. The trial court denied the request telling the defendant was too late. Also, the defense did not request rule sequestration until the fourth of six witnesses have been presented. The Oklahoma Court of Criminal Appeals is held that the better practice is for the trial court either of the role upon request or grant appropriate exceptions. However, the request is not timely.
One of the justices dissented. He said police unlawfully search the defendant’s car. The fruits of that search should of been suppressed at trial. The fourth amendment of the U. S. Constitution prohibits unreasonable searches and seizures, said Tulsa criminal defense attorney Stephen Cale. Searches conducted outside the judicial process without prior approval are unreasonable. There are a few exceptions for this. Exceptions are jealously and carefully drawn. The must be showing that emergency circumstances gave way to the exceptions.
In previous case law, informant found police and told them of the suspects were staying in a hotel room. The informant said that they were driving of car with Florida license plates and caring various drugs in suitcases. While waiting outside the motel room and watch for the car, the police all the suspects leave the hotel room and throw the suitcases into the trunk. The police neatly rest of the suspects and search the car and the suitcases. The court found that the suitcases should been detained until a judge issued a search warrant. The court held that the warrantless search of both the suitcases in the car violated the fourth amendment.
Searches made incident to a valid arrest are strictly limited to a search of the arrestee in the area within his immediate control. This means that area from within which an arrestee might gain possession of a weapon or distractible evidence. The defendant Artie left his car when he was arrested. He clearly cannot of gained access to items the trunk of the car. There was nothing in the record to indicate that he can of cocaine possession of items in the passenger compartment car. Therefore, the warrantless search of the defendant’s car exceeded the scope of the search incident to a valid arrest exception.
When you hire Tulsa criminal defense attorney Stephen Cale, when the first things that he will try to do is get evidence thrown out. He will challenge the search conducted by police. He will do this whether or not the police have a warrant. She believes that the police improperly seized evidence, then he will file a motion to suppress. The judge suppresses or throws out the evidence, typically the state will dismiss the case.
The dissenting justice also said that the search of the car cannot be justified as an inventory search of an automobile has been properly impounded. Inventory search is must be conducted pursuant to standardized and pound procedures. The only city ordinance contained in the record 11, only when the vehicle will be left unattended on any street or highway. The defendant parked his car in a private parking lot. Therefore it cannot be impounded.
Police seized drugs, paraphernalia in a gun during illegal search of the defendants car. This evidence was clearly prejudicial to the defendant. He could not have been charged with or convicted of possession of a weapon will committing a felony. Additionally, the illegally seized evidence influence the jury’s consideration of other counts. Because of this, the conviction must be reversed and remanded for new trial.
If you or someone you know has been charged with a drug crime, call the Cale Law Office at 918-277-4800. Attorney Stephen Cale will work hard to get you the best possible result. He will force the state to turn over evidence that has against you. This includes evidence that will be favorable to you. Attorney Cale will also work to get the charge dismissed. He will do this through various pretrial motions.