9 Oklahoma opinions name it 2 courts 1953–2006 0 in the last five years
The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
County of Riverside v. McLaughlingreen2 sentences1998Appellant cites 22 O.S.1991, § 181, which reads: “The defendant must, in all cases, be taken before the magistrate without necessary delay.” Appellant also relies on Black v. State, 871 P.2d 35, 39 (Okl.Cr.1994) where this Court, relying on County of Riverside v. McLaughlin, 500 U.S. 44 , 111 S.Ct. 1661 , 114 L.Ed.2d 49 (1991), recognized that any delay longer than 48 hours in getting a defendant to a probable cause hearing is unreasonable. 3 . 1998Appellant cites 22 O.S.1991, § 181, which reads: “The defendant must, in all cases, be taken before the magistrate without necessary delay.” Appellant also relies on Black v. State, 871 P.2d 35, 39 (Okl.Cr.1994) where this Court, relying on County of Riverside v. McLaughlin, 500 U.S. 44 , 111 S.Ct. 1661 , 114 L.Ed.2d 49 (1991), recognized that any delay longer than 48 hours in getting a defendant to a probable cause hearing is unreasonable. 3 . | 1 | 2 |
Gerstein v. Pughgreen2 sentences2006See County of Riverside v. McLaughlin, 500 U.S. 44 , 111 S.Ct. 1661 , 114 L.Ed.2d 49 (1991), Gerstein v. Pugh, 420 U.S. 103 , 95 S.Ct. 854 , 43 L.Ed.2d 54 (1975). 2006See County of Riverside v. McLaughlin, 500 U.S. 44 , 111 S.Ct. 1661 , 114 L.Ed.2d 49 (1991), Gerstein v. Pugh, 420 U.S. 103 , 95 S.Ct. 854 , 43 L.Ed.2d 54 (1975). | 1 | 1 |
Illinois v. Gatesgreen2 sentences2002See Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317, 2332 , 76 L.Ed.2d 527 (1983) (The standard for review for the validity of a search warrant is the totality of cirenmstances). 2002See Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317, 2332 , 76 L.Ed.2d 527 (1983) (The standard for review for the validity of a search warrant is the totality of cirenmstances). | 1 | 1 |
Black v. Stategreen1 sentence1998Appellant cites 22 O.S.1991, § 181, which reads: “The defendant must, in all cases, be taken before the magistrate without necessary delay.” Appellant also relies on Black v. State, 871 P.2d 35, 39 (Okl.Cr.1994) where this Court, relying on County of Riverside v. McLaughlin, 500 U.S. 44 , 111 S.Ct. 1661 , 114 L.Ed.2d 49 (1991), recognized that any delay longer than 48 hours in getting a defendant to a probable cause hearing is unreasonable. 3 . | 1 | 1 |
Woods v. Stategreen2 sentences1996To the extent the procedure outlined in Woods v. State, 526 P.2d 944, 950 (Okl.Cr.1974), which indicates a preliminary probable cause hearing is required regardless of any pre-arrest determination, is inconsistent with this order, it is hereby modified. 1996To the extent the procedure outlined in Woods v. State, 526 P.2d 944, 950 (Okl.Cr.1974), which indicates a preliminary probable cause hearing is required regardless of any pre-arrest determination, is inconsistent with this order, it is hereby modified. | 1 | 1 |
Brinegar v. Stategreen2 sentences1976He cites Brinegar v. State, 97 Okl.Cr. 299 , 262 P.2d 464 , where this Court said at 468: “So it is that the ‘probable cause’ rule whereby officers acting upon belief reasonably arising out of the circumstances known to the searching officers may search an automobile without a warrant, though followed in federal courts, and some state courts, is not applicable to prosecutions in the state courts of Oklahoma. 1976Brinegar v. State, 262 P.2d at 467-468, fn. 2 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Morrissey v. Brewer
green
2 sentences1996The Oklahoma Legislature’s amendment to Section 991b could also allow a violation of the Morrissey “second stage” requirements. 408 U.S. at 487-489 , 92 S.Ct. at 2603-2604 . 1996The Oklahoma Legislature’s amendment to Section 991b could also allow a violation of the Morrissey “second stage” requirements. 408 U.S. at 487-489 , 92 S.Ct. at 2603-2604 . | 1 | 1996–1996 |
B. J. B. v. District Court of Oklahoma County Ex Rel. Wallace
green
1 sentence1980This Court unanimously held in B.J.B. v. The District Court of Oklahoma Co., 611 P.2d 249 (Okl. 1980) that a trial judge may not combine a 43A O.S. § 55.2 Examining Commission Hearing with a 43A O.S. § 54.1 Hearing on a Mental Health Petition in the absence of voluntary and intelligent waiver. | 1 | 1980–1980 |
State v. Simpson
neutral
2 sentences1976State v. Simpson, 1950, 91 Okl.Cr. 418 , 219 P.2d 639 .” The rationale underlying the refusal of cases such as Brinegar v. State and State v. Simpson, supra, to follow the probable cause rule articulated in Carroll v. United States, is that it is wrong to break down the difference between the right to arrest for a felony and the right to arrest for a misdemeanor merely because a moving vehicle is involved. 1976State v. Simpson, 1950, 91 Okl.Cr. 418 , 219 P.2d 639 .” The rationale underlying the refusal of cases such as Brinegar v. State and State v. Simpson, supra, to follow the probable cause rule articulated in Carroll v. United States, is that it is wrong to break down the difference between the right to arrest for a felony and the right to arrest for a misdemeanor merely because a moving vehicle is involved. | 1 | 1976–1976 |
Wilson v. Clark
green
1 sentence1976He cites Brinegar v. State, 97 Okl.Cr. 299 , 262 P.2d 464 , where this Court said at 468: “So it is that the ‘probable cause’ rule whereby officers acting upon belief reasonably arising out of the circumstances known to the searching officers may search an automobile without a warrant, though followed in federal courts, and some state courts, is not applicable to prosecutions in the state courts of Oklahoma. | 1 | 1976–1976 |
Carroll v. United States
green
2 sentences1971This is the probable cause rule followed in many decisions of the Federal Courts: Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 [citations omitted] * * *. 1971This is the probable cause rule followed in many decisions of the Federal Courts: Carroll v. United States, 267 U.S. 132 , 45 S.Ct. 280 , 69 L.Ed. 543 [citations omitted] * * *. | 1 | 1971–1971 |
Whiteley v. Warden, Wyoming State Penitentiary
green
2 sentences1971As was held in Whiteley v. Warden, 401 U.S. 560 , 91 S.Ct. 1031 , 28 L.Ed.2d 306 (1971). 1971As was held in Whiteley v. Warden, 401 U.S. 560 , 91 S.Ct. 1031 , 28 L.Ed.2d 306 (1971). | 1 | 1971–1971 |
Burns v. State
neutral
2 sentences1958This court has lield in Burns v. State, 92 Okl.Cr. 24 , 220 P.2d 473, 475 , that: “ ‘ “True test of sufficiency of complaint or affidavit to warrant issuance of search warrant is whether it has been drawn in such manner that perjury could be charged thereon if any material allegation contained therein is false.” ’ ” If this were not the law, the avenue would be open for deformation of character of innocent victims by untrue, reckless and damaging statements enhoused in the contents of an affidavit and thereby destroying the probable cause rule for the purpose of expediency. 1958This court has lield in Burns v. State, 92 Okl.Cr. 24 , 220 P.2d 473, 475 , that: “ ‘ “True test of sufficiency of complaint or affidavit to warrant issuance of search warrant is whether it has been drawn in such manner that perjury could be charged thereon if any material allegation contained therein is false.” ’ ” If this were not the law, the avenue would be open for deformation of character of innocent victims by untrue, reckless and damaging statements enhoused in the contents of an affidavit and thereby destroying the probable cause rule for the purpose of expediency. | 1 | 1958–1958 |
United States v. Rabinowitz
red
2 sentences1953Two years later, in United States v. Rabinowitz, 1950, 339 U.S. 56 , 70 S.Ct. 430 , 94 L. 1953Two years later, in United States v. Rabinowitz, 1950, 339 U.S. 56 , 70 S.Ct. 430 , 94 L. | 1 | 1953–1953 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.