The Exclusionary Rule
Is racial profiling grounds for the exclusion of evidence in an Oklahoma prosecution? I’m Oklahoma Attorney James Wirth. This is a question that many individuals may have when facing criminal charges. If your Fourth Amendment rights were violated during a traffic stop, for example, you may wonder about the legality of the evidence obtained.
In Oklahoma, the exclusionary rule serves as a remedy for illegally obtained evidence. This rule deters law enforcement and prosecutors from acting improperly by making illegally obtained evidence inadmissible in court. However, the question remains: can the exclusionary rule be applied to cases involving racial profiling?
Oklahoma’s Ban on Racial Profiling
Oklahoma has a statute, Title 22, Section 34.3, that explicitly prohibits racial profiling by law enforcement officers. This law, enacted in 2000, states that no officer of any municipality, county, or state law enforcement agency shall engage in racial profiling. While this statute prohibits racial profiling, it does not specify a remedy for cases where evidence is obtained through such illegal stops.
In a recent case, the Oklahoma Court of Criminal Appeals ruled that the exclusionary rule is not the appropriate remedy for cases involving selective enforcement violations or racial profiling. This means that even if racial profiling can be proven, the court may still allow illegally obtained evidence to be used in criminal proceedings.
Seeking Legal Advice and Defense Strategies
If you are facing criminal charges in Oklahoma and believe that your case involves issues of racial profiling, it is essential to consult with an experienced attorney. While the current state of the law may limit the use of the exclusionary rule in such cases, an attorney can help you navigate the legal system and explore potential defense strategies.
To schedule a low-cost initial strategy session with an attorney at our office, visit makelaweasy.com. Our team is dedicated to providing you with the guidance and support you need during this challenging time. Don’t hesitate to reach out for personalized legal assistance.
