Larson v. State

Hard cases make bad law. This is such a case.

The State failed to prove by clear and convincing evidence that the taint resulting from the illegal arrest had dissipated when, five action-packed minutes later, Larson gave the officers consent to search. Because this legal issue is fact sensitive, the facts surrounding the unlawful arrest and the consent to search are critical.

On November 18, 1992, Tim Rice, through his brother, contacted Howard Dunham, a Texas Ranger, concerning two murders in Marion County. The following day Dunham went to Idabel, Oklahoma, and met with Tim Rice for about…