Legal Opinion

State v. Kemp

Court of Criminal Appeals of Oklahoma

Decided September 15, 2009No. S-2009-65PublishedCited by 2 opinions

1Opinion of the Court

OPINION

A. JOHNSON, Vice Presiding Judge.

1 1 Steven James Earl Kemp was charged by Information in the District Court of Atoka County, Case No. CF-2007-92, with Cultivation of Marihuana, After Former Conviction of Two Felonies, in violation of 63 0.8.2001, § 2-509(A) and (B) and 21 0.8.S8upp.2002, § 51.12 The district court granted Kemp's motion to suppress evidence by finding that Kemp's consent was not voluntarily given and, therefore, the evidence was obtained as the result of an unlawful search. The State appeals claiming the district court erred by suppressing the evidence.

The single issue…

2Cases cited7 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. United States v. WatsonSupreme Court of the United States · 1975
  3. Seabolt v. StateCourt of Criminal Appeals of Oklahoma · 2006
  4. Gomez v. StateCourt of Criminal Appeals of Oklahoma · 2007
  5. State v. KudronCourt of Criminal Appeals of Oklahoma · 1991

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3Cited by2 opinions

  1. Coddington v. StateCourt of Criminal Appeals of Oklahoma · 2011
  2. Coddington v. StateCourt of Criminal Appeals of Oklahoma · 2011

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