Graham v. State, No. M--76--542

CourtUnited States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
Writing for the CourtTOM BRETT; HEZ J. BUSSEY; C. F. BLISS, Jr.; BUSSEY; BRETT, P.J., and BLISS; HEZ J. BUSSEY; C. F. BLISS, Jr.; TOM BRETT
Citation1977 OK CR 1,560 P.2d 200
PartiesEdmond Lee GRAHAM, Appellant, v. The STATE of Oklahoma, Appellee.
Decision Date03 January 1977
Docket NumberNo. M--76--542

Page 200

560 P.2d 200
Edmond Lee GRAHAM, Appellant,
v.
The STATE of Oklahoma, Appellee.
No. M--76--542.
Court of Criminal Appeals of Oklahoma.
Jan. 3, 1977.
Rehearing Denied Feb. 1, 1977.

Page 201

An appeal from the District Court, Creek County; Clyde Patrick, Judge.

Edmond Lee Graham was convicted for the offense of Unlawful Possession of Marijuana; was sentenced to one (1) year imprisonment, and appeals. REVERSED AND REMANDED WITH INSTRUCTIONS TO DISMISS.

Baker, Baker & Martin, C. Rabon Martin, Tulsa, for appellant.

Larry Derryberry, Atty. Gen., Robert L. McDonald, Asst. Atty. Gen., Janet L. Cox, Legal Intern, for appellee.

ORDER WITHDRAWING OPINION OF NOVEMBER 5, 1976 AND

SUBSTITUTING ATTACHED OPINION THEREFOR

NOW, on this 3rd day of January, 1977, upon review of the Petition for Rehearing filed in the above styled and numbered cause, and being fully advised in the premises, we find that the Opinion delivered to the Clerk on November 5, 1976, should be withdrawn and the attached Opinion substituted therefor.

IT IS THEREFORE THE ORDER OF THIS COURT that the Opinion delivered to the Clerk on the 5th day of November, 1976, in the above styled and numbered cause be WITHDRAWN, and the attached Opinion substituted therefor.

WITNESS OUR HANDS, and the Seal of this Court, this 3rd day of January, 1977.

TOM BRETT, Presiding Judge

HEZ J. BUSSEY, Judge

C. F. BLISS, Jr., Judge

OPINION

BUSSEY, Judge:

Appellant, Edmond L. Graham, hereinafter referred to as defendant, was charged in the District Court, Creek County, Case No. CRM--75--105, for the offense of Unlawful Possession of Marijuana, in violation of 63 O.S.Supp.1972, § 2--402(B--2). He was tried by a jury and convicted of the aforementioned crime. His punishment was fixed by the jury at one (1) year imprisonment in the county jail. From said judgment and sentence, a timely appeal has been perfected to this Court.

The facts pertinent to this case are as follows. On Sunday, April 13, 1975, at approximately 3:30 p.m., Officers Stanley Carver and Tony Sanders of the Sapulpa Police Department, were on routine patrol when they discovered an illegally parked vehicle in front of a residence. Officer Carver was off duty at this time, having finished his shift at approximately 3:00 p.m. that afternoon, but he was riding in the police vehicle along with Officer Sanders, who was on duty and on his routine patrol.

Officer Carver testified that, in his opinion, the illegally parked vehicle was obstructing the flow of traffic on a two-lane black-top road. On cross-examination, however, Officer Carver admitted that on that particular Sunday afternoon, the road, which was in a rural area and not in a residential area, was not heavily traveled, although there was 'some traffic.'

It was also established by Officer Carver's own testimony, that the Sapulpa city line ran down the middle of the road where the car was illegally parked. The car, Officer Carver testified, was parked outside the city limits, although a portion of the vehicle was 'sticking out' and was within the city limits. At any rate, the officer's testimony indicated that the illegally parked vehicle was obstructing traffic on both sides of the street.

Page 202

At this time, Officer Carver went to the defendant's residence to ask that the illegally parked vehicle be moved. The defendant's home, Officer Carver testified, was outside the city limits. Furthermore, Officer Carver stated that he knew the residence to belong to Eddy Graham, the defendant, having been personally acquainted with him for approximately two years. The transcript further revealed that Officer Carver and the defendant had, at sometime in the past double-dated two sisters. The defendant testified that at one time Officer Carver attempted to date the very same girl that the defendant was dating. When called as a rebuttal witness, Officer Carver did not deny this, although he did testify that insofar as he was concerned, there were never any hard feelings between him and the defendant concerning this matter.

After reaching the residence, Officer Carver knocked on the door. The defendant answered and greeted Officer Carver. Officer Carver then told him to see about getting the car moved. The defendant replied that he would have the car moved, and started to close the door. It was established that the car in question did not belong to the defendant, but rather, it belonged to one of his guests who was visiting at the time.

During this entire verbal exchange, Officer Carver was standing outside the defendant's residence and could not see inside the home. When the defendant attempted to close the...

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15 practice notes
  • People v. La Fontaine
    • United States
    • United States State Supreme Court (New York)
    • June 8, 1993
    ...Bassiouni, Citizen's Arrest (1977); see also State v. Slawek, 114 Wis.2d 332, 338 N.W.2d 120 (Wis.Ct.App.1983); cf. Graham v. State, 560 P.2d 200 (Okl.Cr.1977). Consequently, a police officer from one state, not in close pursuit, may not effect an arrest in another state unless a private ci......
  • USA v. Sawyer, No. CQ-2004-240.
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • June 8, 2004
    ...DISCUSSION ¶ 11 Generally, a police officer's authority cannot extend beyond his jurisdiction. Graham v. State, 1977 OK CR 1, ¶¶ 13-14, 560 P.2d 200, 203. Recognized exceptions to this general rule are (1) hot pursuit, (2) when one municipality has requested assistance pursuant to 11 O.S.20......
  • State v. Keefe, Case Number: S–2015–961
    • United States
    • Court of Criminal Appeals of Oklahoma
    • January 31, 2017
    ...service of an arrest warrant. Id. ; Staller v. State , 1996 OK CR 48, ¶ 10, 932 P.2d 1136, 1139 ; Graham v. State , 1977 OK CR 1, ¶ 14, 560 P.2d 200, 203. "Otherwise, once outside the city limits of the municipality by which they are employed, the officer acts as a private citizen with no g......
  • State v. Graves, No. 29905.
    • United States
    • Appellate Court of Connecticut
    • June 9, 2009
    ...State v. Cohen, 139 N.J.Super. 561, 354 A.2d 677 (App.Div.1976), modified and aff'd, 73 N.J. 331, 375 A.2d 259 (1977); Graham v. State, 560 P.2d 200 (Okla.Crim. App.1977), and Commonwealth v. Mason, 327 Pa.Super. 520, 476 A.2d 389 (1984), rev'd, 507 Pa. 396, 490 A.2d 421 (1985). These cases......
  • Request a trial to view additional results
15 cases
  • People v. La Fontaine
    • United States
    • United States State Supreme Court (New York)
    • June 8, 1993
    ...Bassiouni, Citizen's Arrest (1977); see also State v. Slawek, 114 Wis.2d 332, 338 N.W.2d 120 (Wis.Ct.App.1983); cf. Graham v. State, 560 P.2d 200 (Okl.Cr.1977). Consequently, a police officer from one state, not in close pursuit, may not effect an arrest in another state unless a private ci......
  • USA v. Sawyer, No. CQ-2004-240.
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • June 8, 2004
    ...DISCUSSION ¶ 11 Generally, a police officer's authority cannot extend beyond his jurisdiction. Graham v. State, 1977 OK CR 1, ¶¶ 13-14, 560 P.2d 200, 203. Recognized exceptions to this general rule are (1) hot pursuit, (2) when one municipality has requested assistance pursuant to 11 O.S.20......
  • State v. Keefe, Case Number: S–2015–961
    • United States
    • Court of Criminal Appeals of Oklahoma
    • January 31, 2017
    ...service of an arrest warrant. Id. ; Staller v. State , 1996 OK CR 48, ¶ 10, 932 P.2d 1136, 1139 ; Graham v. State , 1977 OK CR 1, ¶ 14, 560 P.2d 200, 203. "Otherwise, once outside the city limits of the municipality by which they are employed, the officer acts as a private citizen with no g......
  • State v. Graves, No. 29905.
    • United States
    • Appellate Court of Connecticut
    • June 9, 2009
    ...State v. Cohen, 139 N.J.Super. 561, 354 A.2d 677 (App.Div.1976), modified and aff'd, 73 N.J. 331, 375 A.2d 259 (1977); Graham v. State, 560 P.2d 200 (Okla.Crim. App.1977), and Commonwealth v. Mason, 327 Pa.Super. 520, 476 A.2d 389 (1984), rev'd, 507 Pa. 396, 490 A.2d 421 (1985). These cases......
  • Request a trial to view additional results

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