State v. P.L., Tulsa County

Rob Van Henson

Case Conclusion Date:April 5, 2010

Practice Area:Criminal Defense

Outcome:Case Dismissed.

Description:In this Tulsa County case, the client was charged with Trafficking in PCP. The client had three prior drug convictions and was facing life in prison without the possibility of parole (LWOP). The client was arrested and two ounces of alleged PCP were discovered in his coat pocket. The police claimed they arrested the client because they discovered he had an outstanding warrant for traffic tickets. The police then claimed the search of the client’s pocket was a search incident to arrest. Mr. Henson conducted a thorough investigation and discovered that the officers were not aware of the outstanding traffic warrant until after the client was arrested booked into jail. He issued subpoenas for the data from the officer’s patrol car computers, the police radio transmissions that the officers made to the dispatcher, and he also issued subpoenas for the officer’s personal cell phone records. There was absolutely no record of the officers ever calling in for the client’s record before the arrest. This meant that the officers had conducted an illegal search of the client and they had illegally seized the alleged PCP, because they did not have probable cause to believe a crime had been committed. Mr. Henson then filed a Motion to Suppress the Illegally Seized Evidence. The judge agreed the evidence was illegally seized and the evidence against the client was suppressed. Without any evidence, the case was dismissed and the client was set free!

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