finding that tactical team's entry to secure residence, to serve an arrest warrant, and to arrest defendant, so that the search could proceed safely several hours later, was "the initial execution of the search warrant ..." and holding that "service of the search warrant begins once an officer crosses the threshold for the purpose of beginning the search or for securing the residence for a later search"
How later courts described this case
- finding that tactical team's entry to secure residence, to serve an arrest warrant, and to arrest defendant, so that the search could proceed safely several hours later, was "the initial execution of the search warrant ..." and holding that "service of the search warrant begins once an officer crosses the threshold for the purpose of beginning the search or for securing the residence for a later search"
- holding that service of a warrant occurs "once an officer crosses the threshold for the purpose of beginning the search or for securing the residence for a later search"
- reviewing issue for plain error when counsel failed to lodge contemporaneous object on grounds that testimony violated prior favorable ruling on motion in limine
- holding that the flight instruction was appropriate
Written by the judges who cited it.
The opinion
LUMPKIN, Viee-Presiding Judge:
Concurring in Results.
T1 I concur in the Court's decision and analysis in affirming the judgments and sentences in this case. However, in Proposition Eighteen, I would find Appellant has waived review of his claim as he has failed to cite any legal authority supporting his argument for this Court's reconsideration of previously adjudicated legal issues. See Rule 3.5(C), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (2006).