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)