Date: 11-29-2005

Case Style: State of Oklahoma v. Rita Jo Horn

Case Number: CF-05-3107

Judge: Jesse Harris

Court: District Court,Tulsa County, Oklahoma

Plaintiff's Attorney:

Assistant District Attorney Brian Kuester

Defendant's Attorney:

G. Don Haslam, The Haslam Law Firm, PLLC, Tulsa, Oklahoma

Description:

The defendant was charged with possession of controlled drugs [meth] with intent to distribute, after former conviction of a felony. Three Tulsa Police officers - based on the uncorroborated tip of an informant - sought out the defendant at a hotel room. They found her with a companion after midnight and entered the room without permission or a warrant. The companion ordered them to leave, but they returned, executed 7 outstanding warrants on her, arrested her, searched her purse and seized what they claim was meth. They took her to jail.

At the preliminary hearing, Haslam elicited testimony from Detective Bishop that her search was based exclusively on the in-custody exception to the warrant requirements of the state and federal constitutions. Of course, Det. Bishop failed to mention that those warrants were misdemeanor traffic warrants. The magistrate denied the motion to suppress.

Haslam unearthed the warrants and reurged the motion to the trial judge. Arguing the Oklahoma statute that proscribes execution of misdemeanor warrants after 10:00 P.M. on private property, Haslam obtained suppression of the fruits of the unlawful search and dismissal of the case.

Outcome: Dismissal costs to State

Plaintiff's Experts: na

Defendant's Experts: na

Comments: Reported by G. Don Haslam