Opinion

Johnson v. State

  • 764 P.2d 530
  • 1988 OK CR 246
  • 1988 Okla. Crim. App. LEXIS 258
  • 1988 WL 117698
Court
Court of Criminal Appeals of Oklahoma
Filed
Oct 25, 1988
Status
Published
Author
Parks
On the bench
Brett, Bussey, Parks
Cited by
14 cases
Authority
More cited than 5.1%

defendant convicted of drug charge based on solely circumstantial evidence of possession

How later courts described this case

  • defendant convicted of drug charge based on solely circumstantial evidence of possession

Written by the judges who cited it.

The opinion

PARKS, Judge,

specially concurring:

I agree with the majority that the United States Supreme Court’s well reasoned decision in Colorado v. Bertine, 479 U.S. 367 , 107 S.Ct. 738 , 93 L.Ed.2d 739 (1987), compared to our prior decision in Avriett v. State, 699 P.2d 666 (Okla.Crim.App.1985), represents the better approach, and is controlling here. The police inventory of the garbage bag in the trunk was pursuant to standardized police departmental procedures, and legitimately furthered the government’s interest in securing the property to guard against claims of theft, vandalism, or negligence. Bertine , at 372-74, 107 S.Ct. at 742 . However, I disagree with the majority’s statement that “the search in Avriett was erroneously invalidate ed_” Majority, at 533. It is unfair to criticize the Avriett opinion in light of Ber-tine, which was decided some twenty (20) months later. I would adopt the Bertine approach and overrule Avriett , and any other prior case, only to the extent such is *536 contrary to Bertine . Accordingly, I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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