Criminal Charge: Manufacturing Methamphetamine
Case: State v. Jason Rogers et al
Court: [CF-02-2866, Tulsa County]
Result: Case Dismissed
Mr. Rogers and three others were visiting a motel room that the police surveilled from the parking lot. When he exited the room to the parking lot, the police confronted him by his car. When one of the remaining visitors exited the motel room door minutes later, the police alleged they smelled an odor consistent with a meth lab coming from inside the room. Based on this “bionic nose” argument, the police immediately commenced a warrantless search of the motel room and allegedly discovered a meth lab.
Haslam filed motions to suppress the search and to quash the information. Arguing Payton v. New York, 455 U.S. 573 , Haslam urged the court that a motel room enjoys the same constitutional protections as does a home and that none of the very few exceptions for a warrantless search of a home existed in this case.
The court dismissed all charges after an evidentiary hearing on the motions.