Opinion

Grider v. State

  • 743 P.2d 678
  • 1987 OK CR 212
  • 1987 Okla. Crim. App. LEXIS 490
Court
Court of Criminal Appeals of Oklahoma
Filed
Sep 28, 1987
Status
Published
Author
Parks
On the bench
Brett, Bussey, Parks
Cited by
2 cases
Authority
More cited than 11.2%

The opinion

PARKS, Judge,

Specially Concurring:

I write separately to stress that this opinion in no way binds this Court in its interpretation of Art. II, § 30, of the Oklahoma Constitution. As Justice Kauger recently observed in Turner v. City of Lawton, 733 P.2d 375, 381 (Okla.1986), this amendment can act as a “double-barrelled source of protection” to safeguard Oklahomans. This, Justice Kauger observed, stems from the United States Supreme Court’s “explicit acknowledgement of the right of state courts, as the final interpreters of state law to impose higher standards on searches and seizures than those required by the federal constitution,” even if the two provisions are similar. However, the circumstances of this case present no conflict, regardless of which provision is being applied. The barn behind which the marijuana was being grown was in such a state of disrepair that the plants could be seen from the road. This building in no way could be interpreted as being curti-lage, an area that “harbors the intimate activity associated with the sanctity of a man’s home and the privacies of life.” United States v. Dunn, — U.S. —, —, 107 S.Ct. 1134, 1139 , 94 L.Ed.2d 326 (1987). 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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