State v. Haliburton, Case No. S-2017-919
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
| Writing for the Court | LEWIS, VICE PRESIDING JUDGE |
| Citation | 429 P.3d 997 |
| Parties | STATE of Oklahoma, Appellant, v. Brooke HALIBURTON, Appellee; State of Oklahoma, Appellant, v. Clint Gourley, Appellee; State of Oklahoma Appellant, v. Jonathan Knipe, Appellee. |
| Docket Number | No. S-2017-920,Case No. S-2017-919,No. S-2017-921,S-2017-920,S-2017-921 |
| Decision Date | 02 August 2018 |
429 P.3d 997
STATE of Oklahoma, Appellant,
v.
Brooke HALIBURTON, Appellee;
State of Oklahoma, Appellant,
v.
Clint Gourley, Appellee;
State of Oklahoma Appellant,
v.
Jonathan Knipe, Appellee.
Case No. S-2017-919
No. S-2017-920
No. S-2017-921
Court of Criminal Appeals of Oklahoma.
Decided: August 2, 2018
APPEARANCES IN TRIAL COURT, Zach Cabell, Assistant District Attorney, Rogers County, 200 S. Lynn Riggs Blvd., Claremore, OK 74017, COUNSEL FOR APPELLANT
William R. Higgins, Higgins Law, P.C., 417 West 1st Street, Claremore, OK 74017, COUNSEL FOR HALIBURTON
C. Noah Sears, Price and Sears, P.C., 400 S. Muskogee Avenue, Claremore, Oklahoma 74017, COUNSEL FOR GOURLEY
Jeffrey A. Price, Price and Sears, P.C., 400 S. Muskogee Avenue, Claremore, Oklahoma 74017, COUNSEL FOR KNIPE
APPEARANCES ON APPEAL, Zach Cabell, Assistant District Attorney, Rogers County, 200 S. Lynn Riggs Blvd., Claremore, OK 74017, COUNSEL FOR APPELLANT
William R. Higgins, Higgins Law, P.C., 417 West 1st Street, Claremore, OK 74017, COUNSEL FOR HALIBURTON
C. Noah Sears, Price and Sears, P.C., 400 S. Muskogee Avenue, Claremore, Oklahoma 74017, COUNSEL FOR GOURLEY
Jeffrey A. Price, Price and Sears, P.C., 400 S. Muskogee Avenue, Claremore, Oklahoma 74017, COUNSEL FOR KNIPE
OPINION
LEWIS, VICE PRESIDING JUDGE:
¶ 1 The State of Oklahoma appeals to this Court, pursuant to this Court's Rule 6.1, from the order of a reviewing judge affirming an adverse ruling of the preliminary hearing magistrate in Case Nos. CF-2016-844, CF-2016-845 and CF-2016-846 in the District Court of Rogers County. See 22 O.S.2011, §§ 1089.1 -- 1089.7 ; Rule 6.1, Rules of the Oklahoma Court of Criminal Appeals , Title 22, Ch.18, App. (2018). The three cases are consolidated for the purpose of consideration on appeal.
¶ 2 On September 14, 2016, through September 16, 2016, the Rogers County Sheriff's Department conducted surveillance of the residence shared by Brooke Haliburton and Jonathan Knipe. The Honorable Stephen Pazzo, Associate District Judge, approved a search warrant for this residence on September 19, 2016. The Sheriff's Department executed the search warrant on September 19, 2016.
¶ 3 On October 4, 2016, Haliburton and Knipe were both charged with Count 1 -- Child Neglect, Count 2 -- Child Neglect, Count 3 -- Possession of CDS With Intent to Distribute Within 2000 Feet of a Park, Count 4 - Maintaining a Place for Keeping/Selling a Controlled Substance, Count 5 -- Unlawful Use of a Communication Facility, Count 6 -- Possession of a Controlled Dangerous Substance and Count 7 - Unlawful Possession of Drug Paraphernalia in Rogers County District Court Case Nos. CF-2016-844 and CF-2016-846, respectively. On the same day Clint Gourley was charged with Count 1 -- Possession of Controlled Dangerous Substance Within 1000 Feet of a School or Park and Count 2 - Unlawful Possession of Drug Paraphernalia in Rogers County District Court Case No. CF-2016-845.
¶ 4 Prior to the preliminary hearing Haliburton and Knipe each filed a motion to suppress challenging the search warrant.1 Gourley entered an oral Motion to Suppress during the preliminary hearing on August 2, 2017, also challenging the sufficiency of the search warrant. The preliminary hearing was conducted over a three-day period before the Honorable Terrell Crosson, Special Judge.2 At the conclusion of this hearing Judge Crosson sustained the motions to suppress and dismissed the charges against Appellees. The State announced its intent to appeal pursuant to 22 O.S.2011, §§ 1089.1 – 1089.7 and Rule 6.1, Rules of the Oklahoma Court of Criminal Appeals , Title 22, Ch.18, App. (2018).
¶ 5 The State's appeal was assigned by the Honorable Terry McBride, District Judge, to a reviewing judge, the Honorable Robert E. Reavis, II, Associate District Judge.3 Id. Judge Reavis reviewed the relevant portions of the record and following an August 24, 2017, hearing, affirmed Judge Crosson's order sustaining Appellees' motions to suppress and dismissing the charges against Appellees. The State brings this appeal from the rulings of the District Court judges.
¶ 6 The State asserts the following propositions of error:
1. The Magistrate erred in sustaining the Defendant's Motion to Suppress the Search Warrant alleging that there was insufficient probable cause to support the search warrant and terminating proceedings of the case, resulting in a de facto Demurrer.4
2. The District Court erred in terminating the proceedings; even if the search warrant was deficient, the evidence should still not be suppressed due to good faith.5
¶ 7 This appeal was automatically assigned to the Accelerated Docket of this Court pursuant to Rule 11.2(A)(4), Rules , supra . The propositions or issues were presented to this Court in oral argument on April 19, 2018, pursuant to Rule 11.2(E), Rules , supra . At the conclusion of oral argument, this Court REVERSED the rulings of the District Court judges and REMANDED this case to the District Court for further proceedings consistent with this opinion.
FACTS
¶ 8 The Rogers County Sheriff's Office received several tips from unproven confidential sources stating that Knipe and Haliburton, with the help of Joshua James and Sheldon Coen, were selling methamphetamine from their home where they lived with their two small children. These individuals were known to the deputies due to the deputies' past experiences with the individuals involving illegal narcotics. The officers conducted surveillance of this home on September 14, 2016, and September 15, 2016, keeping the home under observation from approximately 10 p.m. to 2 a.m.6 Knipe, Haliburton, James and Coen were all observed at the home along with two small children. Knipe's behavior was erratic and, according to officers, he appeared to be displaying both physical and behavioral symptoms consistent with methamphetamine use. The deputies observed high volumes of automobile traffic at the residence on both nights, with the vehicles only remaining at the location for short periods. The deputies observed Coen approach one of the vehicles and conduct what appeared to be a drug transaction. Deputy Quint Tucker prepared the Affidavit for Search Warrant in this case and on September 19, 2016, presented it to Judge Pazzo who signed the affidavit, resulting in the issuance of a facially valid search warrant. Deputies served the warrant on September 19, 2016, and found approximately nine grams of methamphetamine, marijuana, small baggies, several smoking devices, digital scales and syringes.
¶ 9 During the search, Gourley drove up to the home, parked in front, and walked toward the home. A plain-clothes officer contacted him in the front yard and Gourley stated he had a marijuana pipe in his truck. Later Gourley admitted he came to the home to purchase methamphetamine. A search of Gourley's truck produced a marijuana pipe, a methamphetamine pipe and a small baggie of methamphetamine.
ANALYSIS
¶ 10 The issues in this case involve the search warrant issued by Judge Pazzo on September 19, 2016. Judge Pazzo signed the search warrant based on an affidavit prepared by Deputy Tucker, resulting in the warrant being served and charges being filed. At the preliminary hearing Judge Crosson determined Judge Pazzo's decision was an error and that the deputies' subsequent reliance on this warrant was misplaced. Judge Crosson granted Appellees' motions to suppress and dismissed the criminal cases. Judge Reavis affirmed Judge Crosson's order pursuant to a Rule 6.1 appeal and this Court must now determine if Judge Reavis's decision constitutes an abuse of discretion. See 22 O.S.2011, §§ 1098.1- 1089.7 ; Rule 6.1, Rules, supra .
¶ 11 The central issues in this case are whether the warrant was based on probable cause and whether the "good faith" exception applies. Appellees argue that the affidavit in this case lacked sufficient probable cause and that the affidavit was so obviously lacking that the "good faith" exception to the exclusionary rule should not protect the deputies' actions in this case.
¶ 12 In State appeals, this Court reviews the trial court's decision for abuse of discretion. See State v. Salathiel , 2013 OK...
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