OK: No GFE* for search under a statute held unconstitutional 18 months before the search

Defendant was stopped and had blood taken after a DUI stop under a statute held unconstitutional 18 months earlier by this court. No good faith exception for a statute still on the books that everyone should have known about. (Defendant filed a “Plea in Abatement, Motion to Quash, Motion to Set Aside the Information and Motion to Dismiss.” The trial court called it a motion to suppress and that’s how it proceeded.) State v. Burtrum, 2023 OK CR 7, 2023 Okla. Crim. App. LEXIS 7 (May 11, 2023).

Plaintiff was on probation and revoked for an altercation with a car dealer that led to his arrest by police. The car dealer was previously dismissed out for lack of state action. Plaintiff doesn’t show that the arrest lacked probable cause. The officer is not responsible for the dealer’s alleged false story. Alexander-Campos v. Reinke, 2023 U.S. Dist. LEXIS 83247 (N.D. Cal. May 11, 2023).*

Defendant’s driving justified a traffic stop for almost hitting a University of Dayton police officer at an intersection. State v. Hein, 2023-Ohio-1592 (2d Dist. May 12, 2023).

* I learned from the Legal Profession Blog on 5/15 that “Gfe” also “mean[s] girlfriend experience with sex.” Urban Dictionary has two definitions: Girl Friend Experience and Affection oriented escort. I’ve been using GFE in headlines for over 20 years. Urban Dictionary’s post was 2-1/2 months after this blog started.

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