State v. Stafford

ACCELERATED DOCKET ORDER ANSWERING RESERVED QUESTION OF LAW

The State of Oklahoma is before the Court on a reserved question of law. The question is one of first impression for this Court: whether an otherwise valid search warrant which authorizes day or night search by printed boilerplate, but which is not supported by findings of fact as required by 22 O.S.Supp.1990, § 1230, is void even though it was served by day. We find the search warrant is not void under these circumstances.

Appellee Terry Lynn Stafford was charged with Obstructing an Officer in Tulsa County District Court, Case No.…