Tulsa Criminal Defense Attorney | Powerful Advocate | Cale Law Office
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The legal system can be overwhelming. That’s just one the reasons why you need an attorney if you’ve been charged with a crime. If you’re looking for a fighter to defend you, call Tulsa criminal defense attorney Stephen Cale at 918-277-4800 your initial consultation is free. Attorney Cale also develops a free defense strategy plan document for you. This will outline the initial strategy to get you the best possible result in your case.
The cases that attorney Cale handles involves property crimes. In one case, defendant was charged with one count of operating a chop shop and only concealing stolen property. He filed a motion to suppress the evidence on the grounds that the search of the premises violated the fourth amendment to the U.S. Constitution. The judge ruled that a certain statute was unconstitutional because it’s ministered of inspection provisions violated the fourth amendment rule against unreasonable searches and seizures.
The evidence discovered during this inspection as well as a follow-up search was suppressed. Later the judge granted the motion to quash the information because the state had insufficient evidence to proceed.
However, the Oakland Court of Criminal Appeals held that the statute did not violate the constitutional prohibitions against unreasonable searches and seizures. Here are some the facts. An officer in Lake patrol with two other officers administrative inspection. When the owner arrived officer told him why they were there. That men city was by motors from out of state and that the paperwork was getting was off a few numbers so he changed the paperwork to match serial numbers in the motors. Some of the motors had serial numbers removed. Other promoters had cables and wires that were still attached. It appeared that they had never been in the water. Check the serial number of the boat indicated that it was stolen. At this point, the administrative inspection stopped in officers obtained a search warrant.
The trial court judge relied on New York vs. Berger, a U. S. Supreme Court case that case held that an administrative inspection statute did not limit the discretion of officials as to when they could search. As a result, the high court found that the statute was unconstitutional, said Tulsa criminal defense attorney Stephen Cale.
That case set forth in this criteria to be considered in determining the constitutionality of the ministered inspection. That case also establishes an expectation of privacy in commercial premises is different from, in fact, less than, an expectation of privacy an individual’s home. There is greater latitude conduct warrantless inspections of commercial property. To be reasonable, warrantless inspections of related businesses must be a three-part test. First, the must be a substantial government interest informs the revelatory statutes pursuant to which inspections made. Secondly, the inspections must be necessary to further the territory statutes. Lastly, statutes inspection program provided a constitutionally adequate substitute for a warrant. This means that the regulatory statute must perform the two basic functions of a warrant.
The two basic functions of a warrant are as follows: one, it must advise the owner of the commercial premises that the search is be made pursuant to the law and has a properly defined scope; and two, it must limit the discretion of its banking officers in order to perform the first which the statute must be sufficiently comprehensive and a fine such that the owner of commercial property cannot help but be aware that his property will be subject to periodic inspections. Additionally, the discretion of inspectors must be carefully limited as to time place in scope.
After careful review the statute in its purpose, the Oklahoma court of criminal appeals found that it was constitutional. Additionally, since the defendant’s business was searched are at the original time, during business hours, did not have state argued that the statute should be held facially void because of the persons could be searched at an unreasonable time outside of business hours.
Tulsa criminal defense attorney Stephen Cale works hard to try to get the best possible result for his clients. He gets started on your case right away. Attorney Cale sees the criminal defense is a team effort because he works closely with his clients. He said it’s also important to have friends and family help. By this he means getting together a list of any potential witnesses that would be favorable to his client. He likes to get started immediately because that’s when memories are most fresh.
The more an attorney knows about the intricate details of the case, the more leverage can have in trying to get dismissed. Tulsa criminal defense attorney Stephen Cale has gotten a number of cases dismissed. He has even had some clients be found not guilty by a jury. When you’ve been charged with a crime, you want the best criminal defense attorney. That’s why she calls the Cale law office at 918-277-4800.
Check out attorney Stephen Cale’s helpful videos on his website and on YouTube. Also, check out the testimonials and articles. Be sure to tell all your friends that they get into trouble, Stephen Cale is the attorney to call.
When someone encounters an officer, it’s important that they say very little. In fact, the only thing that she really says is that they want an attorney. Of course, the person wants to produce items such as identification and vehicle documents if pulled over by an officer. The mainly other than that, you do not have to answer and officers questions. He did not have to tell them we’re going. It’s none of the officer’s business.
It’s best to hire an attorney soon after you are arrested. If you’ve bonded in the jail, you will not be able to get a court-appointed attorney. So, the court will require hiring private counsel. Attorney Stephen Cale provides excellent service for his clients. He is a true fighter. You cannot go wrong by hiring him. Call the Cale law office at 918-277-4800 to schedule your free initial consultation.