Opinion
No. A-11574.
July 16, 1952.
(Syllabus.)
1. Arrest — Right to Arrest Without Warrant on Suspicion for Commission of Felony. By statute it is provided that an officer may arrest without a warrant when a felony has in fact been committed and he has reasonable cause to believe the person arrested to have committed it. 22 O.S. 1951 § 196[ 22-196], Subdivision 3.
2. Searches and Seizures — Officer May Lawfully Search Person and Premises Where Arrest Made on Well-Founded Suspicion of Felony. Where peace officer arrests one on a well-founded suspicion for the commission of a felony, where a felony has in fact been committed, the officer may lawfully search the person and immediate surroundings of the accused for the fruits of the crime or to secure the implements which might have manifestly been used to perpetrate the crime charged.
3. Arrest — When Arrest Is Made. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. 22 O.S. 1951 § 190[ 22-190].
4. Searches and Seizures — Waiver of Right to Immunity From Search and Seizure Without Warrant. The right to immunity from a search and seizure without a warrant may be waived.
5. Appeal and Error — Ruling on Motion to Suppress Evidence in Burglary Case Sustained, Where Evidence Competent to Sustain Judgment. The ruling of a trial court on a motion to suppress evidence in a burglary case will be sustained where there is competent evidence in the record to sustain the judgment of the court.
Appeal from District Court, Cleveland County; Justin Hinshaw, Judge.
Kenneth Ward was convicted of second degree burglary, and he appeals. Affirmed.
Paul W. Updegraff, Norman, for plaintiff in error.
Mac Q. Williamson, Atty. Gen., and Sam H. Lattimore, Ass't Atty. Gen., for defendant in error.
The defendant, Kenneth Ward, was jointly charged with William Lee Dover with the crime of burglary in the second degree, allegedly committed on January 24, 1950, by breaking into and entering a grocery, known as the Home Mart, located in the city of Norman, in which there was contained certain personal property belonging to Mr. A.M. Hampton. Defendant Ward was separately tried, was convicted, and pursuant to the verdict of the jury was sentenced to serve two years imprisonment in the state penitentiary.
The case presents the identical issue involved in Ward v. State, 95 Okla. Cr. 387, 246 P.2d 761. The record disclosed that the defendant was charged with committing three burglaries. Counsel for defendant filed a motion to suppress the evidence and it was stipulated at the hearing on the motion to suppress that the same evidence would apply to all three cases. In Ward v. State, supra, we fully discussed the legality of the search and therein we rendered an opinion sustaining the action of the trial court in overruling the motion to suppress evidence. Since that was the only issue presented, the judgment and sentence of the district court of Cleveland county is affirmed.
BRETT, P.J., and POWELL, J., concur.