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CINDY DAWSON & JAMES WALTERS
(McIntosh County) have apparently scored a very big win in a traffic stop/suppression case. I have not interviewed either of them and report this based on an e-mail post on the OCDLA listserv by Brian Morton. The case involved a traffic stop by OHP that ran the typical route of a stop for speeding, the trooper handing back the documents, and then asking more questions. But this time the driver says, "No," in response to the trooper's request to search(!) Trooper detains driver and passenger for 50 minutes anyway until drug dog arrives and alerts. PH magistrate suppresses, State appeals via Rule 6, and Judge Claver, out of Okmulgee County, affirms. I don't know if the State will continue the appeals process, but tremendous victory! If anyone has more details, forward them to me and I will add them next week.
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