Wofford v. State

8 Citing cases

  1. McCarthy v. State

    218 P.2d 397 (Okla. Crim. App. 1950)   Cited 21 times

    This court has repeatedly held that the description must be sufficiently definite and certain as to leave the officer no discretion as to what property he shall search. Shipman v. State, 52 Okla. Cr. 373, 5 P.2d 397; Shanks v. State, 59 Okla. Cr. 211, 56 P.2d 1199; Linderman v. State, 43 Okla. Cr. 166, 277 P. 602; Preston v. State, 42 Okla. Cr. 372, 276 P. 784, reversing 40 Okla. Cr. 403, 269 P. 507; Smith v. State, 40 Okla. Cr. 366, 269 P. 376; Cook v. State, 40 Okla. Cr. 219, 267 P. 1045; Wofford v. State, 40 Okla. Cr. 18, 266 P. 494; Shanafelt v. State, 38 Okla. Cr. 345, 261 P. 380; Adcox v. State, 54 Okla. Cr. 23, 13 P.2d 593; Caldwell v. State, 52 Okla. Cr. 286, 5 P.2d 182; Powell v. State, 65 Okla. Cr. 221, 84 P.2d 442; Linthicum v. State, 66 Okla. Cr. 327, 92 P.2d 381; Weisband v. State, 69 Okla. Cr. 79, 100 P.2d 297; Stouse v. State, 62 Okla. Cr. 46, 70 P.2d 145; Peters v. State, 71 Okla. Cr. 175, 110 P.2d 300; Pitzer v. State, 69 Okla. Cr. 363, 103 P.2d 109. But if the officers executing the search warrant can locate the premises to be searched without the aid of any other information the warrant is sufficient. Mitchell v. State, 43 Okla. Cr. 63, 277 P. 760. Barring of course the use of maps to secure general directions and location.

  2. Tipton v. State

    134 P.2d 154 (Okla. Crim. App. 1943)   Cited 2 times

    It is settled law that the place to be searched must be described in the search warrant with such reasonable certainty that the officer to whom it is directed has no discretion as to the place to be searched but can ascertain it from the search warrant itself. Cook v. State, 40 Okla. Cr. 219, 267 P. 1045; Wofford v. State, 40 Okla. Cr. 18, 266 P. 494; Smith v. State, 40 Okla. Cr. 366, 269 P. 376; Preston v. State, 42 Okla. Cr. 372, 276 P. 784, reversing 40 Okla. Cr. 403, 269 P. 507; Linderman v. State, 43 Okla. Cr. 166, 277 P. 602. For the reasons hereinabove stated, the court erred in overruling the motion to suppress the evidence.

  3. Nelson v. State

    118 P.2d 405 (Okla. Crim. App. 1941)   Cited 1 times

    The description complained of is found in the affidavit for search warrant heretofore quoted, and we do not deem it again necessary to quote it here. We are of the opinion that it clearly is sufficient, under the rule as stated in the following cases: Shanks v. State, 59 Okla. Cr. 211, 56 P.2d 1199; Linderman v. State, 43 Okla. Cr. 166, 277 P. 602; Preston v. State, 42 Okla. Cr. 372, 276 P. 784; Smith v. State, 40 Okla. Cr. 366, 269 P. 376; Cook v. State, 40 Okla. Cr. 219, 267 P. 1045; Wofford v. State, 40 Okla. Cr. 18, 266 P. 494; Shanafelt v. State, 38 Okla. Cr. 345, 261 P. 380; Martin v. State, 61 Okla. Cr. 82, 252 P. 451; Scogin v. State, 61 Okla. Cr. 348, 68 P.2d 111. The cases above cited all hold that the place to be searched must be described in the search warrant with such reasonable certainty that an officer to whom it is directed has no discretion as to the place, but can ascertain it from the search warrant itself. The search warrant issued in this case complies with this rule.

  4. Stouse v. State

    62 Okla. Crim. 46 (Okla. Crim. App. 1937)   Cited 15 times
    In Stouse v. State, 62 Okla. Cr. 46, 70 P.2d 145, where there was a defective description in the search warrant, and where the person whose place was to be searched was described as "One Stout" but whose correct name was "Stouse" it was held that the names were not idem sonans.

    "Affidavit for search warrant and search based thereon must so particularly describe place to be searched that searching officer has no discretion, but many determine from warrant particular place to be searched." And see Wofford v. State, 40 Okla. Cr. 18, 266 P. 494; Dobbins v. State, 40 Okla. Cr. 146, 267 P. 678; Clanton v. State, 59 Okla. Cr. 365, 60 P.2d 415. The fundamental law of the United States and of the state of Oklahoma alike guarantee to the people security of their persons, houses, and possessions from unreasonable search and seizure.

  5. Bruner v. State

    288 P. 369 (Okla. Crim. App. 1930)   Cited 2 times

    The search warrant did not describe with such particularity as is required by law the buildings on the curtilage which was searched by the officers. Cook v. State, 40 Okla. Cr. 219, 267 P. 1045; Russell v. State, 37 Okla. Cr. 71, 256 P. 758; Wofford v. State, 40 Okla. Cr. 18, 266 P. 494; McDaniel v. State, 41 Okla. Cr. 203, 270 P. 1115. We hold that the affidavit for the search warrant, and the search warrant describing the place to be searched as the northeast quarter of section 34, township 29, range 3, Kay county, Okla., and the person of B.M. (Mike) Bruner, is insufficient to particularly describe the place to be searched and is too general to authorize the searching of the buildings on the curtilage used in connection with his residence.

  6. Linderman v. State

    43 Okla. Crim. 166 (Okla. Crim. App. 1929)   Cited 5 times

    The search warrant being void, the seizure of any property found on defendant's premises was unlawful and without authority of law, and was inadmissible as evidence against the defendants. Hall v. State, 34 Okla. Cr. 334, 246 P. 642; Brandt v. State, 34 Okla. Cr. 400, 246 P. 1106; Cook v. State, 40 Okla. Cr. 219, 267 P. 1045; Wofford v. State, 40 Okla. Cr. 18, 266 P. 494; Turknett v. State, 36 Okla. Cr. 401, 254 P. 985. The place to be searched is not sufficiently described in the affidavit for the search warrant.

  7. Cook v. State

    40 Okla. Crim. 219 (Okla. Crim. App. 1928)   Cited 8 times

    This court has repeatedly held that the description in the warrant should be sufficiently definite that no discretion is left to the officer making the search. Langham v. State, 35 Okla. Cr. 57, 248 P. 349; Turknett v. State, 36 Okla. Cr. 401, 254 P. 985; Wofford v. State, 40 Okla. Cr. 18, 266 P. 494. In the prohibition act there is no form for a search warrant, but the general law as to search warrants, section 2881, C.O.S. 1921, does set out a form providing that a search warrant shall describe the place to be searched with reasonable particularity.

  8. Hamilton v. State

    267 P. 684 (Okla. Crim. App. 1928)   Cited 1 times

    "A private residence is immune from search or seizure, unless a showing is made by affidavit that such residence" or part "of it is a place of storage * * * or place of public resort." In Wofford v. State, 40 Okla. Cr. 18, 266 P. 494, this court in the first paragraph of the syllabus says: "An affidavit for search warrant must particularly describe the place to be searched, and the search warrant must describe the place to be searched so that it can be ascertained from an examination of the warrant, and with such reasonable particularity that no discretion as to the place to be searched is left to the searching officer."