Gonzales v. State

5 Citing cases

  1. Gomez v. State

    168 P.3d 1139 (Okla. Crim. App. 2007)   Cited 30 times
    Reviewing a trial court’s ruling on a motion to suppress evidence based on a complaint of an illegal search and seizure with deference to the trial court’s factual findings unless not supported by competent evidence and a trial court’s legal conclusions based on those facts de novo

    This Court subsequently adopted the probable cause plus exigent circumstances standard for warrantless searches of automobiles. See Lawson v. State, 1971 OK CR 184, ¶ 8, 484 P.2d 1337, 1339; Norton v. State, 1972 OK CR 261, ¶ 7-8, 501 P.2d 877, 879-80; Gonzales v. State, 1974 OK CR 133, ¶ 11, 525 P.2d 656, 658; Hughes v. State, 1976 OK CR 164, ¶¶ 6-8, 552 P.2d 1154, 1155-56; Whitehead v. State, 1976 OK CR 35, ¶ 4, 546 P.2d 273, 275-76; Blackburn v. State, 1978 OK CR 24, ¶ 22, 575 P.2d 638, 642; Phelps v. State, 1979 OK CR 76, ¶ 10, 598 P.2d 254, 257-58; Davis v. State, 1980 OK CR 114, ¶ 4, 620 P.2d 1346, 1347. ¶ 9 However, in 1982, the Supreme Court recognized that a separate exigency requirement was not necessary in the case of an automobile search and determined that probable cause alone was sufficient to support a warrantless search of an automobile.

  2. Reeves v. State

    818 P.2d 495 (Okla. Crim. App. 1991)   Cited 21 times
    Concluding that defendant's ex-wife had apparent authority to consent to search of car as shown by officer's knowledge that she had keys, she gave keys to police, she told them defendant had just told her to hide car, and car was parked in front of her apartment

    Probable cause exists where the facts preceding the search are sufficient to warrant an officer to reasonably infer contraband is within the vehicle. Gonzales v. State, 525 P.2d 656, 658 (Okla. Cr. 1974). The detective knew the Appellant had taken a nude photograph of one of the victims and had kept the photograph.

  3. Harrigan v. State

    566 P.2d 139 (Okla. Crim. App. 1977)   Cited 1 times

    Under the existing exigent circumstances, the officer acted lawfully in searching the vehicle without a warrant. See, Wilson v. State, Okla. Cr. 508 P.2d 718 (1973), and United States v. Patterson, 9 Cir., 492 F.2d 995 (1974), cited with approval in Gonzales v. State, Okla. Cr. 525 P.2d 656 (1974). The evidence discovered during the warrantless search of the vehicle was, therefore, admissible.

  4. Johnson v. State

    554 P.2d 51 (Okla. Crim. App. 1976)   Cited 10 times
    Finding exigent circumstances in kidnapping case in "hopes of saving a human life" when police suspected that elderly man being held in a trunk of an automobile during cold days

    The circumstances generating probable cause may, however, consist of a chain of ambiguous innocent activities which coupled together would lead a reasonable officer to believe contraband is within a vehicle." Gonzales v. State, Okla. Cr. 525 P.2d 656 (1974). In the present case the officers had information that an elderly and ill man had been kidnapped and was being held in the trunk of an automobile.

  5. Duke v. State

    548 P.2d 230 (Okla. Crim. App. 1976)   Cited 13 times

    Under the existing exigent circumstances, the officer acted lawfully in searching the vehicle without a warrant. See, Wilson v. State, Okla. Cr. 508 P.2d 718 (1973), and United States v. Patterson, 492 F.2d 995 (1974), cited with approval in Gonzales v. State, Okla. Cr. 525 P.2d 656 (1974). The evidence discovered during the warrantless search of the vehicle was, therefore, admissible.