Legal Question in Criminal Law in Oklahoma
illegally seized evidence
what case law holds that illegally seized evidence is inadmissable in a probation revocation hearing? I am looking for cases which will give me a persuasive argument in an oklahoma trial court.
2 Answers from Attorneys
Re: illegally seized evidence
Look for 4th amendment cases.
Re: illegally seized evidence
There are plenty of cases. Unfortunately, the OCCA usually cites only the fourth amendment grounds and ignores article II Section 30 of the state constitution. You are making a mistake if you are trying to do this yourself. If you cannot afford a lawyer, get a public defender even if it means having your bond revoked and going back to jail for a while. If you've got a good suppression issue, a deal to avoid prison can probably be worked. GET A LAWYER!!! You are playing with your freedom. Good luck.
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