As we start this week, in which we will celebrate the 242nd birthday of this country, let me clean up some issues and matters since the last post.
First, the U.S. Supreme Court held that police need a warrant to search your cell/smartphone for historical data which could be used to track your prior movements. This case is consistent with the prior case of Riley v. California, which was also authored by Chief Justice John Roberts, the vote was 5-4 but the Gorsuch dissent indicates that he might be a 6th vote in the right circumstances.
Oklahoma passed the medical marijuana question by an impressive margine. The question arises what is the state of gun ownership if you have a medical marijuana card? I would say that merely possessing some card or prescription for the possession would not be a problem per se. However, this state question does not remove the federal prohibition on such possession. Also should a person be a regular user of marijuana then they would be prohibited from the possession of any firearm or ammunition under federal law.
Finally, I want to say a word about theOklahoma Criminal Defense Lawyers Association, Criminal Defense Institute which was held last week. I was privileged to do a presentation for a large group of assembled lawyers from across the state. I taught on the topic of state court issues which can result in federal criminal gun prosecutions.
I was honored to receive the Jack Dempsey Pointer, Jr., Champion for Justice Award as the Association's 2018 selection.