Interesting legal development in OK

[Okla-homey]

I read a case that hit the reporters recently involving your 4th amendment right against unreasonable searches and seizures here in the SOONER State.

The OK Court of Criminal Appeals overruled earlier Oklahoma cases which said the cops cannot search your vehicle without A) probable cause to believe you got some shenanigans* in there AND B) "exigent circumstances"** which prevent them from obtaining a search warrant.

As of this new case, Gomez v. Oklahoma, cops can search your car without a warrant ANYTIME they have probable cause to beleive you have shenanigans in there. IOW, No warrant is evar required.

*shenanigans is shorthand for "instrumentalities" of a crime, "contraband," (that can mean dope), "evidence" of a crime or "fruits" of a crime.

** Circumstances under which the cops do not have time to get a search warrant

Therefore, Oklahoma law is now consistent with federal law on the point.

You have been warned.;)

[OKLA21FAN]

i always thought the dealio was that if a cop asked for permission to search your vehicle, and you say 'no'. that was considered 'probable cause' for a warrant and at best, cause to detain you till a warrant could be issued.


i guess i am just a wimp when it comes to answering to the man

[OUDoc]

So where am I supposed to keep my crack pipe? :mad:

[Okla-homey]

i always thought the dealio was that if a cop asked for permission to search your vehicle, and you say 'no'. that was considered 'probable cause' for a warrant and at best, cause to detain you till a warrant could be issued.


i guess i am just a wimp when it comes to answering to the man

What matters is how you say "no." The cases seem to indictate if you coolly just say "no," and aren't sweating bullets, the simple denial doesn't get added in to the cop's thought process to conclude he has probable cause to search anyway. If, OTOH, you're quaking in fear and squeak "no", he can factor that in.

So, the question is, are you a good poker player or does everyone usually see through your bluffs?;)

[Taxman71]

Always ask the cop if you can search his trunk first.....they always let you go after that.:D

[Mjcpr]

Could I get one of y'all to take a look around my briefs?

[Okla-homey]

So where am I supposed to keep my crack pipe? :mad:

body cavities can be effective unless you're arrested. If you are arrested, they can make you spread 'em and lift your sack too.;)

[TUSooner]

Bottom line: If you are carrying shenanigans in your car, you're gonna be ska-rood.

Cops are really good at coming up with the "reasonable suspicion" need to stop you. Even chicken-poop pretextual grounds for a stop are OK.

From that, cops are also real good at "finding" probable cause, the next level of suspicion needed to actually search your ride. Courts almost always accept the cop's version of what happened at the stop.

Ska-roooood, I tell ya!

[M]

LOL the arresting officer in this case was "Officer Burpo." *snicker*

[NormanPride]

I thought that was a nickname for babies...

[opksooner]

I had some follow-up questions for the ******-*******s but they're all answered here (http://www.nolo.com/article.cfm/pg/1/objectId/DED24689-ADA8-4785-887A0B4A19A694DE/catId/268BB6A8-8884-4677-89869B6AD8A75ADA/104/143/127/ART/)

[SoonerTerry]

So where am I supposed to keep my crack pipe? :mad:



uuu.. isn't it obvious?


Crack..
Pipe..



IT's all I got

[Curly Bill]

and lift your sack too.;)

Long as they don't rip it off...:eek:

[Jerk]

"Sure, officer, you can search my car. But can you please put everything back together and leave it the way you found it when you are done?"