Gomez v. State

LUMPKIN, Presiding Judge:

Special Concur.

T1 I concur in Judge Arlene Johnson's well reasoned application of this Court's jurisprudence relating to the warrantless search of an automobile. I write separately to address further the history of this jurisprudence.

T2 The relationship between Article II, § 830 of the Oklahoma Constitution and the Fourth Amendment of the United States Constitution was decided just two years after statehood. In DeGraff v. State, 1909 OK CR 82, 2 Okla.Crim. 519, 103 P. 588 this Court said:

This provision of our Constitution [Article II Section 80] is almost an exact…