State v. Ferguson

Oklahoma Court of Criminal Appeals Recognizes Authority of Tribal Officers Cross-Deputized under State Law to Enforce State Law Off-Reservation

Matthew L.M. Fletcher

Here is the summary opinion in State v. Ferguson:

2013-07-15 Summary Opinion-1

An excerpt:

“All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, the Constitution of the State of Oklahoma, by statute or by this Code.”  12 O.S.2011, § 2402. The appeal record in this case shows that Salkil and Murphy are CLEET certified deputies in Ottawa County. Nothing in the constitution or laws of this  State provides that evidence obtained by deputies is inadmissible. Id. Even if they had  been outside their jurisdiction, information from and observations made by Salkil and Murphy may be used in establishing probable cause to issue a search warrant. See Staller v. State, 1996 OK CR 48, ~ 12, 932 P.2d 1136, 1140. Judges Culver and Maxey erred by sustaining the Appellees’ motions to suppress relevant evidence in these cases.