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  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Default Misplaced Evidence

    My question involves search and seizure law in the State of: Oklahoma

    I had a warrant in Kansas and was driving north thru Ok to take care of this matter, when I was pulled over for speeding on I-35N the Officer asked for my papers which I gave him. He went to his cruiser then came back and asked me to step out of the car again which I complied, he sat me in the front seat of his cruiser then ran my info and informed me of my warrant to which I replied "Yes sir I know, thats why im on my way to KS" then he asked to search the vehicle and I told him no. He told me that he was gonna search it anyway, because he needed to fill out a property list. Upon searching he found a handgun and drugs w/ paraphenelia. Ok i know he could search my vehicle due to the vehicle search to arrest law, but was he supposed to give me a list of of the property in the vehicle, and give me a speeding ticket, because he did neither.

    When I told my friend(who the handgun belonged to)he called property to ask about getting his firearm back, and they told him that they never recieved one like he described anywhere around those dates. Does this count as lost evidence and can the case be dismissed based on these grounds if they never find the firearm?

    Any and all help would be appreciated, thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Misplaced Evidence

    If in fact the evidence has been lost, it would be very difficult for them to establish a CCW-type charge against you; it may not be possible. But I am skeptical that the evidence has in fact been lost.

    If you have a lawyer for a CCW charge in Oklahoma, have your lawyer obtain a copy of the police report from the traffic stop. It likely specifies what evidence was seized.

  3. #3
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Misplaced Evidence

    Quote Quoting Mr. Knowitall
    View Post
    obtain a copy of the police report from the traffic stop, It likely specifies what evidence was seized.
    Yes the police report says what was confiscated during the arrest, but they have no report of receiving the firearm. If this is the case, would that charge be dropped/dismissed? I will also have the lawyer look into this matter as well, just trying to do my own homework.

    Thanks for taking the time to reply!

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