Opinion

Langham v. State

  • 787 P.2d 1279
  • 1990 OK CR 9
  • 1990 Okla. Crim. App. LEXIS 12
  • 1990 WL 17038
Court
Court of Criminal Appeals of Oklahoma
Filed
Feb 22, 1990
Status
Published
Author
Lane
On the bench
Johnson, Lumpkin, Parks, Brett, Lane
Cited by
23 cases
Authority
More cited than 7.0%

finding search warrant invalid because the plain language of 22 O.S. § 1223, requiring a search warrant be supported by affidavit, was not followed

How later courts described this case

  • finding search warrant invalid because the plain language of 22 O.S. § 1223, requiring a search warrant be supported by affidavit, was not followed
  • finding search warrant invalid because the plain language of 22 O.S. § 1228, requiring a search warrant be supported by affidavit, was not followed
  • art. II. § 30 interpreted same as the Fourth Amendment for purposes of determining validity of search warrant
  • Parks, P.J., concurring in result

Written by the judges who cited it.

The opinion

LANE, V.P.J., specially

concurring.

I concur in the majority’s decision to adopt the “totality of the circumstances” test of Illinois v. Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983). However, I am concerned that the opinion of the majority may be misleading when it appears to establish a test for magistrates to find a “fair probability that contraband or evidence of a crime will be found in a particular place.” I recognize that this is language that was used in the Gates decision, but it seems to suggest a lesser standard than I perceive. It should be noted that the Gates court concluded the opinion with the language “It is apparent, therefore, that the judge issuing the warrant had a ‘substantial basis for ... concluding]’ that probable cause to search the Gateses’ home and car existed.” 462 U.S. at 246 , 103 S.Ct. at 2336 , 76 L.Ed.2d at 553 . I think this language a better statement of the test, that is, when considered in the totality of the circumstances, there is a substantial basis for probable cause to believe the contraband or evidence is on the premises.

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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