{"id":51430,"date":"2022-02-04T09:46:06","date_gmt":"2022-02-04T14:46:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51430"},"modified":"2022-02-04T10:57:42","modified_gmt":"2022-02-04T15:57:42","slug":"ok-lawyers-telephone-call-seeking-trespass-arrest-of-officers-executing-sw-results-in-disciplinary-action","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=51430","title":{"rendered":"OK: Lawyer\u2019s telephone call seeking arrest of officers for trespass while they were executing SW results in disciplinary action"},"content":{"rendered":"\n<p>Respondent in this disciplinary action is a criminal defense lawyer. A client\u2019s house was subjected to a search under a warrant. Once told, he got to the scene during the search and sought a copy of it, but he was rejected and told to go away. He did. He called the sheriff\u2019s office and sought a copy and said that the officers should be prosecuted for trespass. He was charged with a false statement and obstruction. He was convicted of the false statement but acquitted of obstruction. The bar sought summary discipline, which is denied. <a href=\"https:\/\/www.oscn.net\/applications\/oscn\/deliverdocument.asp?citeid=490460\">State ex rel. Okla. Bar Ass&#8217;n v. Wagner<\/a>, 2022 OK 13, 2022 Okla. LEXIS 11 (Feb. 1, 2022) (4-3, the dissenters would censure). [More to the point, how is an officer trespassing when executing a search warrant within the terms of the warrant? See \u00a7 61.03 n.10.]<\/p>\n\n\n\n<p>\u201cHere, Plaintiff&#8217;s sparse allegations do not include any facts sufficient to show that the strip searches at issue were not legitimately related to penological interests or were designed to harass or punish him. Thus, Plaintiff&#8217;s allegations fall far short of alleging a plausible Section 1983 claim relating to the alleged strip searches.\u201d Latham v. Dzurenda, 2022 U.S. Dist. LEXIS 19141 (E.D.N.Y. Feb. 2, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Respondent in this disciplinary action is a criminal defense lawyer. A client\u2019s house was subjected to a search under a warrant. Once told, he got to the scene during the search and sought a copy of it, but he was &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=51430\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-51430","post","type-post","status-publish","format-standard","hentry","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51430","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=51430"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51430\/revisions"}],"predecessor-version":[{"id":51439,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51430\/revisions\/51439"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51430"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51430"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51430"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}