STATE v. PAUL

STATE v. PAUL
2003 OK CR 1
62 P.3d 389
Case Number: S-2002-547
Decided: 01/08/2003
THE STATE OF OKLAHOMA, Appellant -vs- JAMES PAUL, Appellee

[62 P.3d 389]

SUMMARY OPINION ON RESERVED QUESTION OF LAW

CHAPEL, JUDGE: ¶1 James Paul was charged with Trafficking in Illegal Drugs (Marijuana) in violation of

¶2 The State raises two related issues: Does the alert of a drug-detecting dog give an officer probable cause to search a vehicle stopped for a traffic violation on a highway without a search warrant? Second, is an officer who has probable cause to search a vehicle stopped for a traffic violation on the interstate highway required to obtain a search warrant to search the vehicle? After thorough consideration of entire record before us, including the original record, transcripts, State's brief,

¶3 The first issue raised by the trial court's decision is whether the arresting officer's observations of Paul and the driver gave the officer reasonable suspicion to further detain them for investigation. An officer may prolong detention after a traffic stop if the officer has an objectively reasonable and articulable suspicion that illegal activity may be occurring; bases for this suspicion may include inconsistent statements about destination, and questionable proof of ownership or authority to operate the vehicle.

¶4 Finally, the trial court appears to have been motivated by the belief that Oklahoma has not adopted the federal law creating a vehicle exception to the Fourth Amendment warrant requirement. The vehicle exception was articulated by the United States Supreme Court.

Decision

¶5 Reserved Question of Law Answered. [62 P.3d 390]

ATTORNEYS AT TRIAL

THOMAS R. PIXTON
P.O. BOX 1969
ELK CITY, OKLAHOMA 73648
ATTORNEY FOR DEFENDANT

LISA BIRDWELL
ASSISTANT DISTRICT ATTORNEY
P.O. BOX 507
SAYRE, OKLAHOMA 73662
ATTORNEY FOR THE STATE

ATTORNEYS ON APPEAL

NO RESPONSE PROVIDED

LISA BIRDWELL
ASSISTANT DISTRICT ATTORNEY
P.O. BOX 507
SAYRE, OKLAHOMA 73662
ATTORNEY FOR APPELLANT

OPINION BY: CHAPEL, J.

FOOTNOTES