STATE v. NELSON
2015 OK CR 10
| Okla. Crim. App. | 2015Background
- State charged Nelson with Obstructing an Officer, Resisting an Officer, Failure to Carry Insurance, and Failure to Signal after a traffic stop in Tulsa County (CM-2014-1815).
- Special Judge granted motion to quash illegal arrest and suppressed all evidence from the stop after hearing in Oct 2014.
- Officer Turnbough testified stop was for signaling failure and left-turn into a parking lot; at stop, Nelson allegedly walked away and resisted.
- Officer restrained Nelson; Nelson allegedly resisted by pulling away and attempting to lie on his hands during handcuffing.
- State sought to rely on municipal ordinance and argued stop under 11-604; record lacked clear basis; court suppressed all fruits of the stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial traffic stop legal under §11-604? | Nelson | Nelson | No, stop deemed illegal on record. |
| Did the illegal stop taint the obstructive/resisting conduct? | State avoided taint? | Nelson | Obstruction/resisting taint not fruit; some evidence excluded. |
| Should resisting arrest be suppressed as fruit of illegality? | State | Nelson | Resisting arrest evidence not tainted; suppression reversed in part. |
| Did common-law right to resist unlawful arrest apply to unlawful traffic stop? | State | Nelson | Common-law right not extended to unlawful traffic stop. |
| Was the State required to address vague motion to quash under Rule 4, and who bears burden for remedy? | State | Nelson | State not shown abuse of discretion; remand for proceedings consistent with opinion. |
Key Cases Cited
- Johnson v. State, 308 P.3d 1053 (2013 OK CR 12) (stop for unsignaled left turn; §11-604 analysis)
- Flores v. State, 994 P.2d 782 (1999 OK CR 52) (exclusionary considerations under fruit-of-taint)
- Jacobs v. State, 128 P.3d 1085 (2006 OK CR 4) (attenuation of taint doctrine)
- Heien v. North Carolina, 135 S. Ct. 530 (2014) (mistake of law; reasonable suspicion not require perfect knowledge)
- Wong Sun v. United States, 371 U.S. 471 (1963) (fruit of the poisonous tree doctrine)
- United States v. Chavira, 467 F.3d 1286 (2006 10th Cir.) (nexus test for taint of illegal stop)
- Rodgers v. State, 373 A.2d 951 (1977 Md.) (resistance to unlawful stop not extended; danger of violence)