OKLAHOMA
Indigent Defense System

 

 

 

 

 

 

 

   SEARCH AND SEIZURE

Brumfield, Jeffery Dale v. State, COCA Case No. S-2009-858 (September 10, 2010)
Brumfield, Margaret Ann v. State, COCA Case No. S-2009-862
(September 10, 2010)
(State Appeal; Search and Seizure) State appealed district court decision to suppress. Trial court ruling that there was not probable cause to search vehicle affirmed. "[R]easonable suspicion that a motorist is under the influence of an intoxicant is not the same as probable cause to believe that controlled substances will be found in the motorist’s vehicle."

Cannon, II, William Paul and Kuenstler, Glen C. v. State, COCA Case No. S-2005-657  (February 8, 2006) (Search and Seizure) Trial court’s suppression of evidence from illegal search affirmed.

Coronado, Veronica v. State, COCA Case No. F-2002-718 (August 22 2003)
(Search and Seizure) Weapons search without facts to support reasonable suspicion, violated Fourth Amendment. Reversed with instructions to dismiss.

Dinkins, Raynard Emory v. State, COCA Case No. S-2005-1250 (September 19, 2006)
(Search & Seizure) Court rejected the State’s argument that the trial judge erred in granting the motion to suppress.

Dorr, Donald & Tanya v. State, COCA Case No. F-2007-616 (September 19, 2008)
(Search and Seizure) After aerial observation, law enforcement went onto defendants' property without a warrant and found marijuana growing. State did not present any evidence to show necessity or exigent circumstance. Reversed and dismissed.

Doza, Russell Andrew v. State, COCA Case No. F-2002-809 (August 15, 2003)
(Search and Seizure) Police officer may not conduct a consensual search outside his jurisdiction under color of law. Reversed and remanded with instructions to dismiss.

Franklin, Cortez, F-2000-341, March 20, 2001
(Search and Seizure; detention unreasonable)

Jennings, Terry Wayne v. State, COCA Case No. F-2001-1028 (October 23, 2002)
(Search and Seizure) Conviction for trafficking drugs reversed with instructions to dismiss. Trial court erred in finding that search warrant, based on specific factual information by a confidential informant without additional evidence of reliability, was valid.

Gille, Ryan Lee v. State, COCA Case No. M-2004-802 (October 21, 2005)
(Search and Seizure) Arresting officer did not have the requisite reasonable suspicion of criminal activity to justify the investigatory stop of Appellant. Reversed and remanded with instructions to dismiss.

Harris, John Henry v. State, COCA Case No. F-2001-609 (May 14, 2002)
(Search & Seizure. Entry into residence where Appellant was arrested was in violation of Fourth & Fourteenth amendments. Sufficient exigent circumstances did not exist to sustain warrantless entry. Reversed with Instructions to Dismiss.)

Hibdon, William D. v. State, COCA Case No. F-2008-1043 (December 4, 2009)
(Search and Seizure; Evidence, General; Sentence, Excessive) Trial court should have sustained motion to suppress; public safety exigent circumstances did not exist. Reversed and remanded for further proceedings.

Horn, Russell Wayne, Jr. v. State, COCA Case No. F-2006-736 (October 15, 2007)
(Search and Seizure) Police had search warrant for apartment but not for car and searched car anyway. LWOP sentence for trafficking reversed and remanded for new trial; conviction for possession of cocaine reversed with instructions to dismiss.

Kinter, Silvon Dane v. State, COCA Case No. C-2010-431 (April 22, 2011)
(Guilty Plea Decisions; Right to Counsel*) Refusal to appoint counsel to defendant who had previously retained counsel but could not pay forced defendant to choose trial with counsel that did not want to represent him (due to lack or payment) or no counsel whatsoever. Certiorari granted.

Muzny, Samuel Leroy v. State, COCA Case No. F-2000-1078, (January 2, 2001)
(Search & Seizure -- Reversed and Remanded. Oklahoma Bureau of Narcotics agents should not have entered defendant's posted, fenced property without a warrant to search for marijuana.)

Milligan, Eddie Don v. State, COCA Case No. F-2003-1241 (December 23, 2005)
(Search & Seizure; Evidence) Helicopter’s low fly-over of defendant’s property violated reasonable expectation of privacy; evidence derived from subsequent search of property should have been suppressed.

Putman, Clifford v. State, COCA Case No. S-2008-176 (October 9, 2008)
(State Appeal; Search and Seizure) Trial Court’s order suppressing evidence State obtained from locked safe inside motel room where defendant was arrested upheld.

Seals, Shea Brandon v. State, COCA Case No. S-2011-208 (September 29, 2011)
(State Appeals; Search and Seizure) Trial court’s ruling finding no probable cause for traffic stop upheld. Evidence supported finding that car did not cross the marked line "for any appreciable amount of time."

Selders, Christy Anne v. State, COCA Case No. S-2009-667 (March 15, 2010)
(State Appeals; Search and Seizure) District Court order dismissing count one due to illegal search and seizure affirmed.

Short, Ryan Layne & Ortuno, Victor Suarez v. State, COCA Case No. S-2005-890 (Dec19, 2006)
(Search & Seizure) State appeal from order sustaining motions to suppress and quash, and dismissing cases against defendants (drugs). Court affirmed trial court.

Simrak, Joseph Alexander v. State, COCA Case No. F-2002-772 (July 29, 2003)
(Search and Seizure) Information used to justify the warrantless arrest was obtained from sources who were not shown to be either reliable or credible. Initial arrest was illegal and the fruits of the search incident to the unlawful arrest should have been suppressed. Reversed and remanded with instructions to dismiss.

State v. Bell, Isaac Paul , COCA Case No. S-2013-127 (September 18, 2013)
(State Appeals; Search and Seizure) Consent to search vehicle was tainted by illegal detention. District Court’s decision to sustain motion to suppress and dismiss affirmed.

State v. Heartfield, Kindra, COCA Case No. S-2013-718 (May 22, 2014)
(State Appeals; Evidence, Sufficiency; Search and Seizure) No abuse of discretion in finding that there was no consent to warrantless search. District Court order suppressing evidence affirmed.

State v. John C. Angulo, COCA Case No. S-2016-95 (September 27, 2016)
(State Appeals; Evidence, Sufficiency; Search and Seizure) Trial court ruling sustaining motion to suppress was affirmed. Traffic stop impermissibly delayed for drug dog to arrive.

State v. Lopez, Uriel Alajandro, COCA Case No. S-2013-103 (October 2, 2013)
(State Appeals; Search & Seizure) Order granting motions to suppress and quash affirmed. Trooper did not have reasonable suspicion that violation had occurred before making stop.

State v. Magana, Maria, COCA Case No. S-2013-103 (October 2, 2013)
(State Appeals; Search & Seizure) Order granting motions to suppress and quash affirmed. Trooper did not have reasonable suspicion that violation had occurred before making stop.

State v. Tutson, Terrence, COCA Case No. S-2013-718 (May 22, 2014)
(State Appeals; Evidence, Sufficiency; Search and Seizure) No abuse of discretion in finding that there was no consent to warrantless search. District Court order suppressing evidence affirmed.

Tarver, Charles Henry Jr. v. State, COCA Case No. F-2018-542 (September 26, 2019)
(Search and Seizure; Abuse of Discretion) Evidence found should have been suppressed because traffic stop extended beyond Constitutionally permissible. Abuse of Discretion in allowing unlawfully seized evidence. Reversed and remanded with instructions to dismiss.

Taylor, Joey Dean v. State, COCA Case No. S-2003-445 (October 3, 2003)
(Search and Seizure) Appeal of magistrate’s order by the State affirmed. Magistrate and reviewing judge found State had not met its burden of proving that the defendant voluntarily gave consent to search vehicle after a traffic stop.

Williams, Milton Veran v. State, COCA Case No. F-2002-808 (July 11, 2003)
(Search and Seizure; Fines, Fees and Costs) Two of three counts, Possession of CDS with Intent to Distribute and Maintaining a Dwelling for the Purpose of Keeping/Selling CDS, reversed with instructions to dismiss due to illegal search and seizure (no exigent circumstances to enter defendant's house). Fine modified from $100,000 to $10,000.

Wells, Matthew Ryan v. State, COCA Case No. S-2005-866 (May 31, 2006)(Search and Seizure) Trial court did not abuse discretion in ordering evidence suppressed and sustaining defendant’s motion to quash. (State Appeal)

Yeary, Dean v. State, COCA Case No. F-1996-376, (March 28, 1997)
(Search and Seizure, investigatory detention)