Legal Question in Constitutional Law in Oklahoma

Was evidence illegally obtained?

Officer is booking suspect for disorderly conduct when officer spotted fresh blood on suspect's shirt from another crime that occurred earlier that day. Officer asked for permission to borrow his shoe for a short time to match footprints at crime scene and was DENIED by suspect. Officer removed the shoe, took it to the crime scene, and was back in the time frame that he had given the suspect. The shoe matched the footprint. Did the officer obtain the shoe print evidence illegally or could he have probable cause for appearance evidence?


Asked on 7/21/02, 7:52 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Was evidence illegally obtained?

Under the circumstances you describe law enforcement was legally required to obtain a warrant before taking the shoe since permission wasn't freely given. There would be an exception to this if the prior case was one of 'hot pursuit.'

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Answered on 7/22/02, 10:15 am


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