Warthen v. State, F--76--309
| Decision Date | 29 November 1976 |
| Docket Number | No. F--76--309,F--76--309 |
| Citation | 557 P.2d 466 |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
| Parties | Gary Curtis WARTHEN, Appellant, v. The STATE of Oklahoma, Appellee. |
The appellant Gary Curtis Warthen, hereinafter referred to as defendant, was charged in the District Court, Garfield County, Case No. CRF--75--363, with the offense of Unlawful Possession of Marihuana With the Intent to Distribute in violation of 63 O.S.1971, § 2--401. He was tried by a jury and convicted. Punishment was fixed at a fine of One Thousand ($1,000.00) Dollars and imprisonment for a term of four (4) years. From said judgment and sentence a timely appeal has been perfected.
Due to the nature of the determinative assignment of error advanced in defendant's brief, a summary of evidence presented at trial is not necessary and no other assignment of error need be considered.
The defendant's assignment of error is that the court below erred in refusing defendant's motion to suppress the evidence on the ground that the affidavit upon which the search warrant was obtained was constitutionally insufficient. The affidavit failed to indicate the time of occurrence of the facts recited therein. Clearly, an affidavit which altogether fails to include the time of occurrence of the facts recited therein cannot show probable cause because the facts upon which probable cause can be founded must be reasonably related to the time of issue of a warrant. For a further discussion of the requirement of timeliness of showing see 68 Am.Jur.2d, Searches and Seizures § 70 (2nd ed. 1973). Furthermore, this Court has on numerous occasions held that an affidavit is insufficient if there is no indication as to the time of occurrence of the facts recited therein. See, Simon v. State, Okl.Cr., 515 P.2d 1161 (1973); Jarvis v. State, Okl.Cr., 507 P.2d 918 (1973); Guthrey v. State, Okl.Cr., 507 P.2d 556 (1973); Griffin v. State, Okl.Cr., 503...
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State v. Hennon
...435 (Ky.1969); State ex rel. Townsend v. District Court of Fourth Judicial District, 168 Mont. 357, 543 P.2d 193 (1975); Warthen v. State, 557 P.2d 466 (Okl.Cr.1976); Commonwealth v. Maldonado, 259 Pa.Super. 548, 393 A.2d 962 (1978); Bentley v. State, 552 S.W.2d 778 (Tenn.Cr.App.1977). The ......
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Merry v. State
...from a confidential informant, it is required that they be able to say when the informant obtained his information. Warthen v. State, Okl.Cr., 557 P.2d 466 (1976). As this Court noted in Warthen, facts which would establish probable cause at one point in time may not be enough to establish ......
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Morris v. State
...from a confidential informant, it is required that they be able to say when the informant obtained his information. Warthen v. State, Okl.Cr., 557 P.2d 466 (1976). As this Court noted in Warthen, facts which would establish probable cause at one point in time may not be enough to establish ......