The exclusionary rule applies to Oklahoma City’s effort to enforce a warrantless entry to seize and forfeit birds in apparent distress. Oklahoma applies the exclusionary rule in most civil cases under its state constitutional provision against unreasonable searches. There was also a parallel animal cruelty case pending. In re Fourteen Exotic Parrot-Like Birds v. Fondren, 2022 OK CIV APP 17, 2022 Okla. Civ. App. LEXIS 8 (Apr. 28, 2022).
Petitioner’s state habeas claim against his search and seizure is barred by laches, even if it could otherwise lie. He waited 16 years, and the officer involved no longer remembers the events. Ex parte Medrano, 2022 Tex. App. LEXIS 3591 (Tex. App. – El Paso May 26, 2022).*
Aside from justification for a stop, there was “weak” reasonable suspicion based on innocuous factors never rising to real reasonable suspicion and, of course, no probable cause for a vehicle search. The claim a roach on the floorboard led to smelling of marijuana which was never mentioned by the officers was discounted. Suppressed. United States v. Bryant, 2022 U.S. Dist. LEXIS 94506 (S.D.Ohio May 26, 2022).*