State of Oklahoma v. Erik Alexis Rosales-Leon

Wagoner, Oklahoma, criminal defense lawyer M.J. Denman represents the Defendant charged with second degree murder, leaving the scene of fatality accident and failure to pay taxes due the state.

MATTER COMES ON FOR PRELIMARY HEARING (P.H.). BOTH PARTIES ANNOUNCE READY. DEF'S ATTY INVOKES THE RULE. STATE REQUEST FOR THE CASE AGENT TO REMAIN. DEF OBJECT AS IT'S JUST P.H. AND WOULD REQUEST IF CASE AGENT ALLOWED TO STAY HE BE CALLED FIRST. THE CT. OVER RULES THIS REQUEST. STATE REQUEST AND DEF HAS NO OBJECTION TO STATES EXHIBIT NO. 1 BEING ADMITTED [CERT. MEDICAL EXAMINERS REPORT] STATE CALLS [N. JONES (CPD) DIRECT/CROSS/RE-DIRECT/RE-CROSS] DEF'S COUNSEL INTERJECTS AN ORAL MTN TO SUPPRESS OF WITS USE OF FLOCK CAMERAS BY CPD. THE COURT HOLDS RULING. [M. BICKET(WIT) DIRECT/CROSS/RE-DIRECT/RE-CROSS] [T. LITTLE (CPD)DIRECT/CROSS] [J. MATHEWS (TRPR)DIRECT/CROSS/RE-DIRECT/ RE-CROSS] DEF’ REQUEST TO ADMIT THE S.W. AFF. AS TO THE PART AS TO OFFICER LITTLE PROVIDED W/ RE: TO DRAWING BLOOD. STATE OBJECTS AND CONCEDES THAT THE BLOOD DRAW WAS OUT OF THE TWO (2) HR TIME LIMIT. DEF’S ATTY ARGUES THAT THE MAGISTRATE WAS GIVEN INFORMATION AS TO ALCOHOL NOT DRUGS. THE CT SUSTAINS THE STATE’S OBJECTION. STATE MOVES TO ADMITS STATES EXHIBIT NO. 2 (BLOOD TEST) DEF OBJECTS. THE CT OVERRULES. [BRANDON GROVE (TRPR) DIRECT/CROSS]. STATES REST. DEF'S ATTY PRESENTS NO WITS OR EVIDENCE; HOWEVER, WOULD ARGUE THE SUPPRESSION OF THE FLOCK. PURSUSANT TO CARPENTER V. UNITED STATES, 585 U.S. 296 (2018) & 47 O.S. § 7-606.1 (OSCN 2026). STATE ARGUES THEY CAN USED FLOCK BECAUSE OF GOOD FAITH AND EXIGENT CIRCMSTANCES. THE COURT FINDS THAT THER IS NOT AN OKLAHOMA CASE FROM THE SUPREME CT THAT DEALS WITH THIS ISSUES. BUT THE CONTROLING FACTOR IS CARPENTER V. UNITED STATES, 585 U.S. 296 (2018). HOWEVER, CARPENTER WAS A VERY NARROW ONE AND DID NOT AFFECT OTHER USES OF THE THIRD-PARTY DOCTRINE, SUCH AS SEARCHES OF BANKING RECORDS. THE COURT DOES NOT DISAGREE THAT THE ISSUE REQUIRES REVIEW AND WITH THE CURRENT STATUS OF THE LAW THE COURT DENIES MTN TO SUPPRESS. THE COURT AFTER PRELIMINARY HEARING FINDS THERE TO BE PROBABLE CAUSE TO BELIEVE THAT THE OFFENSE(S) NAMED IN THE COMPLAINT HAS BEEN COMMITTED AND THAT THERE IS PROBABLE CAUSE TO BELIEVE THE DEFENDANT COMMITTED CRIME ALLEGED IN THE INFORMATION. IT IS THEREFORE ORDERED THAT THE DEFENDANT IS BOUND OVER TO ANSWER THE SAME UPON THE PREVIOUSLY SET BOND. DISTRICT COURT ARRAIGNMENT IS SET FOR AT 9-28-26 AT 1:30 PM IN FRONT OF JUDGE KIRKLEY, AND THE DEFENDANT IS HEREBY REMANDED TO WAGONER COUNTY JAIL. DEF WAVIES THIRTY (30) DAYS. IT IS SO ORDERED C. RASMUSSEN REPORTING