Tag: burglary

Case Dismissed

SECOND DEGREE BURGLARY

Criminal Charge: Second Degree Burglary
Case: State v. Kristopher Minter
Court: [CF-07-106, Choctaw County]
Result: Case Dismissed
Docket View: 


Summary:

Based on the alleged tip of an alleged accomplice, Hugo PD went to Kris’s home to question him about his involvement in a home burglary in which several household items were taken.

When the officers arrived, however, no one was home. Instead, the police contended the front and back doors to the home were ajar. The officers justifed searching Kris’s home without a warrant by saying they went inside to satisfy themselves that no one was burglarizing HIS home. Of course, the police contended they recovered some of the household items alleged to have been stolen while they were securing Kris’s home and charged him with the burglary. When Kris’s mother arrived on the scene, the police obtained permission from her to search the house…..

Haslam moved to suppress the search under the Fourth Amendment of the U.S. Constitution and cited the many, many cases on the books that outline the police’s authority to make warrantless entry of a home in such a situation. At the evidentiary hearing on the motion, the officer admitted there was no alarm, no complaining neighbor, no indication of movement indoors, no reason he could not simply secure the premises and obtain a warrant, and no evidence of a break-in. He argued the so-called consent obtained AFTER the search was insufficient to “purge the taint” of the original lawless search.

The court sustained the motion to suppress and dismissed the charges against Kris.

Sentence reduced

SECOND DEGREE BURGLARY AFTER MANY PRIOR FELONY CONVICTIONS

Criminal Charge: Second Degree Burglary After Many Prior Felony Convictions
Case: State v. Myron Goff
Court: [CF-02-1813, Tulsa County]
Result: 5 years

Oklahoma State Courts Network
For more details on this case, open the Docket View.

Summary:

Mr. Goff was charged with 2 counts of second degree burglary of a convenience store. The State produced pre-trial evidence of video of Myron in the store doing the burglary and in-store audio of an accomplice allegedly calling his name. Mr. Goff had a long list of prior felony convictions, subjecting him to twenty or more years jail time should he be convicted on this charge.

After negotiations challenging the reliability and admissibility of the tapes, the State dropped its “second page” alleging the prior convictions so Myron accepted a plea bargain of 5 years on each count in the penitentiary. The sentences were ordered to run concurrently. Myron was out of the penitentiary in about 15 months.