Terry challenge in Oklahoma

9 Oklahoma opinions name it 3 courts 1987–2014 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.

Followed or applied (12)

Case	Followed	Cited
Anderson v. Stategreen oklacrimapp · 1999 · cited in 2 Oklahoma opinions naming this issue, 2014–2014 2 sentences 2014To establish standing to contest the constitutionality of a search, a defendant must show he had a "legitimate expectation of privacy in the invaded place." Rakas v. Illinois, 439 U.S. 128, 148 , 99 S.Ct. 421, 430 , 58 LEd.2d 887 (1978); see also Anderson v. State, 1999 OK CR 44, ¶ 18 , 992 P.2d 409, 417 . 2014To establish standing to contest the constitutionality of a search, a defendant must show he had a "legitimate expectation of privacy in the invaded place." Rakas v. Illinois, 439 U.S. 128, 148 , 99 S.Ct. 421, 430 , 58 LEd.2d 887 (1978); see also Anderson v. State, 1999 OK CR 44, ¶ 18 , 992 P.2d 409, 417 .	2	2
Terry v. Ohiogreen scotus · 1968 · cited in 3 Oklahoma opinions naming this issue, 1987–2008 2 sentences 1999The court in Berkemer v. McCarty, 468 U.S. 420, 439-40 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984), in discussing a "Terry stop,” Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)—a reasonable stop to investigate circumstances that provoke suspicion that a crime had been, is being, or is about to be committed— stated: [T]his means that the officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer’s suspicions. 1999The court in Berkemer v. McCarty, 468 U.S. 420, 439-40 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984), in discussing a "Terry stop,” Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)—a reasonable stop to investigate circumstances that provoke suspicion that a crime had been, is being, or is about to be committed— stated: [T]his means that the officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer’s suspicions.	1	3
Gomez v. Stategreen oklacrimapp · 2007 · cited in 2 Oklahoma opinions naming this issue, 2014–2014 2 sentences 2014Coffia v. State, 2008 OK CR 24, ¶ 5 , 191 P.3d 594, 596 ; Gomez, 2007 OK CR 33, ¶5 , 168 P.3d at 1141 -42 (citing Seabolt v. State, 2006 OK CR 50, ¶ 5 , 152 P.8d 235, 237). 17 We resolve Terry's challenge to the admission of evidence seized from the padlocked closet inside his apartment and from the adjoining vacant apartment based on standing. 2014Coffia v. State, 2008 OK CR 24, ¶ 5 , 191 P.3d 594, 596 ; Gomez, 2007 OK CR 33, ¶5 , 168 P.3d at 1141 -42 (citing Seabolt v. State, 2006 OK CR 50, ¶ 5 , 152 P.8d 235, 237). 17 We resolve Terry's challenge to the admission of evidence seized from the padlocked closet inside his apartment and from the adjoining vacant apartment based on standing.	1	2
Rakas v. Illinoisgreen scotus · 1979 · cited in 2 Oklahoma opinions naming this issue, 2014–2014 2 sentences 2014To establish standing to contest the constitutionality of a search, a defendant must show he had a "legitimate expectation of privacy in the invaded place." Rakas v. Illinois, 439 U.S. 128, 148 , 99 S.Ct. 421, 430 , 58 LEd.2d 887 (1978); see also Anderson v. State, 1999 OK CR 44, ¶ 18 , 992 P.2d 409, 417 . 2014To establish standing to contest the constitutionality of a search, a defendant must show he had a "legitimate expectation of privacy in the invaded place." Rakas v. Illinois, 439 U.S. 128, 148 , 99 S.Ct. 421, 430 , 58 LEd.2d 887 (1978); see also Anderson v. State, 1999 OK CR 44, ¶ 18 , 992 P.2d 409, 417 .	1	2
Coffia v. Stategreen oklacrimapp · 2008 · cited in 2 Oklahoma opinions naming this issue, 2014–2014 2 sentences 2014Coffia v. State, 2008 OK CR 24, ¶ 5 , 191 P.3d 594, 596 ; Gomez, 2007 OK CR 33, ¶5 , 168 P.3d at 1141 -42 (citing Seabolt v. State, 2006 OK CR 50, ¶ 5 , 152 P.8d 235, 237). 17 We resolve Terry's challenge to the admission of evidence seized from the padlocked closet inside his apartment and from the adjoining vacant apartment based on standing. 2014Coffia v. State, 2008 OK CR 24, ¶ 5 , 191 P.3d 594, 596 ; Gomez, 2007 OK CR 33, ¶5 , 168 P.3d at 1141 -42 (citing Seabolt v. State, 2006 OK CR 50, ¶ 5 , 152 P.8d 235, 237). 17 We resolve Terry's challenge to the admission of evidence seized from the padlocked closet inside his apartment and from the adjoining vacant apartment based on standing.	1	2
Seabolt v. Stategreen oklacrimapp · 2006 · cited in 2 Oklahoma opinions naming this issue, 2014–2014 2 sentences 2014Coffia v. State, 2008 OK CR 24, ¶ 5 , 191 P.3d 594, 596 ; Gomez , 2007 OK CR 33, ¶ 5 , 168 P.3d at 1141 -42 (citing Seabolt v. State , 2006 OK CR 50, ¶ 5 , 152 P.3d 235, 237 ). ¶7 We resolve Terry's challenge to the admission of evidence seized from the padlocked closet inside his apartment and from the adjoining vacant apartment based on standing. 2014Coffia v. State, 2008 OK CR 24, ¶ 5 , 191 P.3d 594, 596 ; Gomez, 2007 OK CR 33, ¶5 , 168 P.3d at 1141 -42 (citing Seabolt v. State, 2006 OK CR 50, ¶ 5 , 152 P.8d 235, 237). 17 We resolve Terry's challenge to the admission of evidence seized from the padlocked closet inside his apartment and from the adjoining vacant apartment based on standing.	1	2
Adams v. Williamsgreen scotus · 1972 · cited in 2 Oklahoma opinions naming this issue, 1996–1999 2 sentences 1999See United States v. Cortez, 449 U.S. 411 (1981); see also Adams v. Williams, 407 U.S. 143 , 145-46 (1972). 1996Adams v. Williams, 407 U.S. 143, 147 , 92 S.Ct. 1921, 1924 , 32 L.Ed.2d 612 (1972).	1	2
State v. Hillgreen me · 1992 · cited in 1 Oklahoma opinions naming this issue, 2001–2001 2 sentences 2001See id. at 241 (officers determined that driver not intoxicated prior to request for documents). [45] State v. Gulick, 759 A.2d 1085, 1088 (Me. 2000). [46] See id.; State v. Huether, 748 A.2d 993, 996 (Me.2000); State v. Hill, 606 A.2d 793, 794-96 (Me.1992). [47] In Hill , the Maine Supreme Court quoted the appropriate two-part Sharpe/Terry test and recognized that post-seizure police conduct "must be justified under the second Terry prong. . . ." Id. at 795. 2001See id. at 241 (officers determined that driver not intoxicated prior to request for documents). [45] State v. Gulick, 759 A.2d 1085, 1088 (Me. 2000). [46] See id.; State v. Huether, 748 A.2d 993, 996 (Me.2000); State v. Hill, 606 A.2d 793, 794-96 (Me.1992). [47] In Hill , the Maine Supreme Court quoted the appropriate two-part Sharpe/Terry test and recognized that post-seizure police conduct "must be justified under the second Terry prong. . . ." Id. at 795.	1	1
Davis v. Stategreen texcrimapp · 1997 · cited in 1 Oklahoma opinions naming this issue, 2001–2001 1 sentence 2001See id. at 241 (officers determined that driver not intoxicated prior to request for documents). [45] State v. Gulick, 759 A.2d 1085, 1088 (Me. 2000). [46] See id.; State v. Huether, 748 A.2d 993, 996 (Me.2000); State v. Hill, 606 A.2d 793, 794-96 (Me.1992). [47] In Hill , the Maine Supreme Court quoted the appropriate two-part Sharpe/Terry test and recognized that post-seizure police conduct "must be justified under the second Terry prong. . . ." Id. at 795.	1	1
State v. Gulickgreen me · 2000 · cited in 1 Oklahoma opinions naming this issue, 2001–2001 1 sentence 2001See id. at 241 (officers determined that driver not intoxicated prior to request for documents). [45] State v. Gulick, 759 A.2d 1085, 1088 (Me. 2000). [46] See id.; State v. Huether, 748 A.2d 993, 996 (Me.2000); State v. Hill, 606 A.2d 793, 794-96 (Me.1992). [47] In Hill , the Maine Supreme Court quoted the appropriate two-part Sharpe/Terry test and recognized that post-seizure police conduct "must be justified under the second Terry prong. . . ." Id. at 795.	1	1
State v. Huethergreen me · 2000 · cited in 1 Oklahoma opinions naming this issue, 2001–2001 1 sentence 2001See id. at 241 (officers determined that driver not intoxicated prior to request for documents). [45] State v. Gulick, 759 A.2d 1085, 1088 (Me. 2000). [46] See id.; State v. Huether, 748 A.2d 993, 996 (Me.2000); State v. Hill, 606 A.2d 793, 794-96 (Me.1992). [47] In Hill , the Maine Supreme Court quoted the appropriate two-part Sharpe/Terry test and recognized that post-seizure police conduct "must be justified under the second Terry prong. . . ." Id. at 795.	1	1
United States v. Cortezgreen scotus · 1981 · cited in 1 Oklahoma opinions naming this issue, 1999–1999 1 sentence 1999See United States v. Cortez, 449 U.S. 411 (1981); see also Adams v. Williams, 407 U.S. 143 , 145-46 (1972).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (3)

Case	Cited	Years
Berkemer v. McCarty green scotus · 1984 2 sentences 1999Writing for a unanimous Court, Chief Justice Rehnquist noted that the rationale for allowing a warrantless search incident to arrest was not present in a traffic case, where the "threat to officer safety from issuing a traffic citation . . . is a good deal less" than when a custodial arrest is made, id. at ___, 119 S.Ct. at 487 , because a traffic stop is a "relatively brief encounter and `is more analogous to a so-called Terry stop. . . . . than to a formal arrest.'" Id. at ___, 119 S.Ct. at 488 (quoting Berkemer v. McCarty, 468 U.S. 420 , 437 (1984)). 1999The court in Berkemer v. McCarty, 468 U.S. 420, 439-40 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984), in discussing a "Terry stop,” Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968)—a reasonable stop to investigate circumstances that provoke suspicion that a crime had been, is being, or is about to be committed— stated: [T]his means that the officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer’s suspicions.	4	1987–1999
United States v. Sokolow green scotus · 1989 1 sentence 1999However, "the level of suspicion required for a Terry stop is obviously less demanding than that for probable cause." Id.	1	1999–1999
Knowles v. Iowa green scotus · 1998 2 sentences 1999Writing for a unanimous Court, Chief Justice Rehnquist noted that the rationale for allowing a warrantless search incident to arrest was not present in a traffic case, where the "threat to officer safety from issuing a traffic citation . . . is a good deal less" than when a custodial arrest is made, id. at ___, 119 S.Ct. at 487 , because a traffic stop is a "relatively brief encounter and `is more analogous to a so-called Terry stop. . . . . than to a formal arrest.'" Id. at ___, 119 S.Ct. at 488 (quoting Berkemer v. McCarty, 468 U.S. 420 , 437 (1984)). 1999Writing for a unanimous Court, Chief Justice Rehnquist noted that the rationale for allowing a warrantless search incident to arrest was not present in a traffic case, where the "threat to officer safety from issuing a traffic citation . . . is a good deal less" than when a custodial arrest is made, id. at ___, 119 S.Ct. at 487 , because a traffic stop is a "relatively brief encounter and `is more analogous to a so-called Terry stop. . . . . than to a formal arrest.'" Id. at ___, 119 S.Ct. at 488 (quoting Berkemer v. McCarty, 468 U.S. 420 , 437 (1984)).	1	1999–1999

Statutes the citing opinions construe

OK § Okla. Stat. tit. 63, § 2-401 (4) OK § Okla. Stat. tit. 63, § 2-405 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 747 (1977–2026) OH 594 (1978–2026) PA 416 (1973–2026) WA 373 (1975–2026) TX 348 (1983–2026) IN 258 (1973–2024) VA 244 (1983–2026) FL 196 (1979–2025) DC 162 (1972–2026) NJ 159 (1984–2026) GA 156 (1977–2025) MD 153 (1977–2026) LA 139 (1980–2026) MO 127 (1981–2024) AL 116 (1981–2026) WI 115 (1983–2026) MI 113 (1978–2026) CT 101 (1973–2020) CA 91 (1969–2026) MA 89 (1980–2025) KS 87 (1980–2026) TN 68 (1976–2025) IA 63 (1984–2026) NC 63 (1991–2026) ID 59 (1986–2023) AZ 59 (1985–2024) MN 58 (1975–2025) KY 53 (1984–2025) UT 44 (1981–2025) WY 42 (1992–2025) NM 40 (1980–2025) NE 38 (1987–2022) DE 34 (1981–2025) MT 32 (1981–2025) ND 30 (1985–2021) NY 29 (1981–2024) MS 29 (1972–2025) ME 28 (1978–2026) VT 26 (1982–2019) CO 25 (1975–2021) SD 21 (1991–2018) SC 20 (1996–2022) NH 17 (1983–2020) AR 14 (1985–2015) VI 12 (2002–2016) OR 11 (1979–2018) AK 11 (1980–2018) HI 11 (1982–2022) WV 10 (1991–2020) NV 10 (1994–2023) OK 9 (1987–2014) RI 8 (1989–2024)

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.

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