Date: 12-10-2014

Case Style: State of Oklahoma v. Mallory Ann Bergland

Case Number: CM-2014-96

Judge: Bill Hiddle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Meredith Curnutte

Defendant's Attorney: Jason Edge

Description: Tulsa, OK - The State of Oklahoma charged Mallory Ann Bergland with:

Count # 1. Count as Filed: DI1M, DUI ALCOHOL (MUNICIPAL ARREST), in violation of 47 O.S. 11-902 A 2
Date of Offense: 12/21/2013
Party Name Disposition Information
BERGLAND, MALLORY ANN Disposed: DISMISSED, 12/10/2014. Dismissed by Court
Count as Disposed: DUI ALCOHOL (MUNICIPAL ARREST)(DI1M)
Violation of 47 O.S. 11-902 A 2

MOTION TO SUPPRESS EVIDENCE AND DISMISS CHARGES DUE TO AN
ILLEGAL ARREST WITH BRIEF IN SUPPORT
Comes now the Defendant by and through her attorney of record, JASON EDGE, and respectfully moves the Court to suppress the following evidence:
All tangible evidence seized by law enforcement officers or others in connection with the detention, search and arrest of Defendant in this cause or in connection with the investigation of this cause.
All written and oral statements made by the Defendant to any law enforcement officer or others in connection with this cause.
Testimony of law enforcement officers or others concerning any actions of Defendant while under detention, observation or arrest in connection with this cause.
Testimony of law enforcement officers or others concerning the tangible evidence or statements to which reference was made above.
As grounds for this motion, the Defendant would respectfully show the Court as follows:
I.
The Defendant was detained and arrested without probable cause, legal consent, lawful warrant, or other lawful authority in violation of Defendant’s rights as guaranteed by the Fourth
and Fourteenth Amendments to the United States Constitution and Article Two, Section Thirty of the Constitution of the State of Oklahoma.
Defendant was arrested on a misdemeanor charge. If the arresting officer is called to testi1 in this matter he should testi& that he did not have a warrant for Defendant’s arrest. Defendant was seized without reasonable suspicion of committing any crime. The seizure was then illegally extended. Further, Defendant was arrested for an act which does not amount to a crime under Tit. 47 0.S. § 11-902 as she was not on a public road or highway. The seizure, extended seizure, and arrests were illegal and suppression is the only valid remedy.
Case law supports Defendants position and request for hearing. “Whenever defendant challenges warrantless search or seizure, government carries burden of just jJj4ng agents’ actions; it must show that agents had probable cause for their actions and must prove probable cause by preponderance of evidence.” U. S. v. Finefrock, 668 F.2d 1168 (10th Cir. 1982) “Once warrantless arrest or search is challenged, burden is on prosecution to prove it was lawful.” Leigh v. State, 587 P.2d 1379 (Okla.Crim.App.,1978) “Once a warrantless arrest or search is challenged, burden is on the prosecution to prove it was lawful.” Greene v. State, 508 P.2d 1095 (Okla.CriniApp.,l 973).
IL
Any tangible evidence in this case was seized without probable cause, lawful warrant, valid consent or other lawful authority in violation of defendant’s rights as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article Two, Section Thirty of the Constitution of the State of Oklahoma.
III.
Any statements, written or oral, of defendant were obtained in violation of Defendant’s rights as guaranteed by the Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution; Article Two, Sections Seven, Twenty, and Thirty of the Constitution of the State of Oklahoma; and Title 22 Oklahoma Statutes Sections Thirteen and Fifteen.
IV.
Any testimony concerning the actions of defendant while under arrest or detention would violate Defendant’s rights as guaranteed by the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution; Article Two, Sections Seven, Twenty, and Thirty of the Constitution of the State of Oklahoma; and Title 22 Oklahoma Statutes Sections Thirteen and Fifteen.
V.
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests the Court suppress any and all evidence sought to be used against her for the reason that such evidence was obtained and seized in violation of her state and federal constitutional rights; find that there is insufficient evidence to hold Defendant over for trial; find that the charges against her be dismissed; order that her bond be exonerated; order that she be discharged from further attendance in this Court; and give such other and further relief as the Court deems just, fair, and equitable.


Docket
Date Code Description Count Party Amount
01-10-2014 TEXT

Criminal Misdemeanor Initial Filing.

Document Available (#1023684554)
1 BERGLAND, MALLORY ANN
01-10-2014 INFORMATION

Defendant MALLORY ANN BERGLAND was charged with Count #1, ACTUAL PHYSICAL CONTROL OF VEHICLE WHILE INTOXICATED in violation of 47 O.S. 11-902
1 BERGLAND, MALLORY ANN
01-10-2014 TEXT

OCIS has automatically assigned Judge Traffic Court Judge (General) to this case.

01-13-2014 CTARRPA

ludi leitch, deborrah: Defendant present, not in custody and not represented by counsel. Arraignment passed to 2-10-14 at 9:00am in room 173. Defendant recognized back with counsel; bond to remain.
BERGLAND, MALLORY ANN
01-15-2014 AFPCA

Affidavit & Finding Of Probable Cause T.R.A.C.I.S. (Arrested)

Document Available (#1023976560)
BERGLAND, MALLORY ANN
01-21-2014 RETRL

Return Release

Document Available (#1023882870)
BERGLAND, MALLORY ANN
01-30-2014 BOTRF

A bond from case # NF-2013-8866 dated 12/23/2013 has been transferred to this case. The information on this bond is as follows:
PROFESSIONAL BOND for BERGLAND, MALLORY posted by Bullard, Bryan Nicholas (Professional:Dampf-Aguilar, Roberta) (PowerNumber:ABB-13-21334), Count Number 1, in the amount of $1,000.00, posted 12/23/2013

Document Available (#1024040662)
1 BERGLAND, MALLORY ANN $ 10.00
01-30-2014 BOJ

Bond Initial Filing Jail Fund Fee
1 BERGLAND, MALLORY ANN $ 25.00
01-30-2014 CCADMIN25

Court Clerk Administrative Fee on $25 Collections
1 BERGLAND, MALLORY ANN $ 2.50
02-10-2014 CTARRSC

LUDI LEITCH, DEBORRAH: DEFENDANT NOT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JASON EDGE. ARRAIGNMENT HELD. DEFENDANT WAIVES READING OF THE INFORMATION AND FURTHER TIME TO PLEAD. DEFENDANT ENTERS A PLEA OF NOT GUILTY. STATUS CONFERENCE SET FOR 3-6-14 AT 9:00AM IN ROOM 158. BENCH WARRANT UNDER ADVISEMENT. BOND TO REMAIN.
BERGLAND, MALLORY ANN
03-06-2014 CTFREE

HIDDLE, BILL: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY KEVIN KELLER.STATUS CONFERENCE PASSED TO 4-8-2014 AT 9:00 AM ROOM 158. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
BERGLAND, MALLORY ANN
04-08-2014 CTPASS

hiddle, william: Defendant present, not in custody and represented by jason edge(not present). State represented by kevin keller. status conference passed to 5-16-2014 at 9:00am in room 158. Bond to remain; Defendant recognized back.
BERGLAND, MALLORY ANN
05-16-2014 CTFREE

LUDI LEITCH, DEBORRAH: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY KEVIN KELLER. MOTION HEARING SET 6-18-2014 AT 1:30 PM ROOM 158. BOND TO REMAIN; DEFENDANT RECOGNIZED BACK.
BERGLAND, MALLORY ANN
05-21-2014 MOSE

Motion To Suppress Evidence and dismiss charges due to an illegal arrest with brief in support

Document Available (#1025562773)
BERGLAND, MALLORY ANN
05-23-2014 CTFREE

hiddle, bill: court signs order setting hearing. hearing on motion to suppress arrest set 7-2-2014 at 1:30 pm rooom 158.
BERGLAND, MALLORY ANN
05-28-2014 OH

ORDER FOR HEARING ON MOTION TO SUPPRESS ARREST

Document Available (#1025561833)
BERGLAND, MALLORY ANN
05-29-2014 CTFREE

SHOW 6-18-2014 DATE STRICKEN DUE TO COURT PREVIOUSLY SETTING HEARING PER MINUTE 5-23-2014.
BERGLAND, MALLORY ANN
07-02-2014 CTFREE

hiddle, william: defendant present, not in custody and represented by jason edge. state represented by kevin keller. court reporter, judy brown. one witness sworn, arguments heard, motion overruled. court resets status conference to 8-1-14 at 9:00am in room 158. defendant recognized back with bond to remain.
BERGLAND, MALLORY ANN
07-11-2014 AMIN

Amended Information
- AMENDED COUNT 1 TO DUI OF ALCOHOL ( WAS ACTUAL PHYSICAL CONTROL OF VEHICLE WHILE INTOXICATED)

Document Available (#1026380434)
BERGLAND, MALLORY ANN
07-21-2014 T

Original Transcript Of MOTION HEARING On JULY 2, 2014.

Document Available (#1026511513)
BERGLAND, MALLORY ANN
07-21-2014 NOF

Notice Of Filing

Document Available (#1026570826)
BERGLAND, MALLORY ANN
08-01-2014 CTFREE

HIDDLE, BILL: DEFENDANT PRESENT, NOT IN CUSTODY, AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY JACKSON MCCLAREN. SOUNDING DOCKET SET FOR 10/17/14 AT 3:00 PM IN ROOM 158. DEFENDANT RECOGNIZED BACK WITH BOND TO REMAIN.
BERGLAND, MALLORY ANN
08-28-2014 MO

Motion to reconsider

Document Available (#1027038620)
BERGLAND, MALLORY ANN
10-10-2014 CTFREE

judge hiddle: court signs order setting hearing on motion to suppress arrest. Set on 10-22-2014 at 1:30pm in room 158.
BERGLAND, MALLORY ANN
10-14-2014 OH

ORDER FOR HEARING on motion to suppress arrest

Document Available (#1027174340)
BERGLAND, MALLORY ANN
10-22-2014 CTFREE

HIDDLE, BILL: DEFENDANT PRESENT, NOT IN CUSTODY, AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY KEVIN KELLER AND JACKSON MCCLAREN. COURT REPORTER, CHRISTINA OGLE. CASE CALLED FOR MOTION TO RECONSIDER ON MOTION TO SUPPRESS. STATE REQUESTS TIME TO RESPOND OVER DEFENSE OBJECTION. MOTION HEARING CONTINUED TO 12/3/14 AT 1:30 PM IN ROOM 158. DEFENDANT RECOGNIZED BACK WITH BOND TO REMAIN.
BERGLAND, MALLORY ANN
12-03-2014 CTFREE

HIDDLE, BILL: DEFENDANT PRESENT, NOT IN CUSTODY, AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY JACKSON MCCLAREN. RULING ON DEFENDANTS MOTION SET FOR 12/10/14 AT 9:00 AM IN ROOM 158. DEFENDANT RECOGNIZED BACK WITH BOND TO REMAIN.
BERGLAND, MALLORY ANN
12-10-2014 DISMISSED

HIDDLE, BILL: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY MEREDITH CURNUTTE. DEFENDANT'S MOTION TO RECONSIDER SUSTIANED. CASE DISMISSED COST TO STATE PER POST V. STATE, 1995 CIV APP4. BOND EXONERATED.
1 BERGLAND, MALLORY ANN
12-12-2014 ABST

ABSTRACT SENT TO D.P.S.
1 BERGLAND, MALLORY ANN

Outcome: HIDDLE, BILL: DEFENDANT PRESENT, NOT IN CUSTODY AND REPRESENTED BY JASON EDGE. STATE REPRESENTED BY MEREDITH CURNUTTE. DEFENDANT'S MOTION TO RECONSIDER SUSTIANED. CASE DISMISSED COST TO STATE PER POST V. STATE, 1995 CIV APP4. BOND EXONERATED.

Plaintiff's Experts:

Defendant's Experts:

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