Title 22 — Title 22 — Criminal Procedure

A. A search warrant is an order in writing, in the name of the state, signed by a magistrate, directed to a peace officer, commanding the peace officer to search for personal property or to search for a person for whom an arrest warrant has been issued and bring the property or p…

property. A. A search warrant may be issued and property seized upon any of the following grounds: First: When the property was stolen or embezzled, in which case it may be taken on the warrant, from any house or other place in which it is concealed, or from the possession of the…

A search warrant shall not be issued except upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched. R.L.1910, § 6061.

A magistrate may take an oral statement under oath which shall at that time be recorded electronically and thereafter transcribed by an official court reporter. The original recording and transcription thereof shall become a part of and kept with the official records of the case.…

Before issuing a search warrant the judge may take oral testimony, sworn to under oath, supplemental to any affidavits. Provided, however, that such oral testimony shall be recorded, such record transcribed forthwith, and filed with the affidavits to support the search warrant. L…

In the event the search warrant is executed, then the search warrant, affidavit for search warrant, return of search warrant, if separate, and transcript of oral testimony, if any, shall be filed with the clerk of the district court, and shall be indexed by the clerk in alphabeti…

A. If a magistrate is satisfied of the existence of grounds of the application, or that there is probable cause to believe their existence, the magistrate shall issue a search warrant, signed by the magistrate with the name of office, to a peace officer of this state, commanding …

The warrant must be in substantially the following form: County of _______________ In the name of the State of Oklahoma. To any peace officer of this state. Probable cause having been shown on this date before me, by (name every officer and person who has made affidavit or given …

A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person except in aid of the officer, on his requiring it, he being present, and acting in its execution. R.L. 1910, § 6065.

Forced entry – Exigent circumstances. A peace officer may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant when: 1. The officer has been refused admittance after having first given notice of his authorit…

He may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation. R.L.1910, § 6067.

jurisdiction. When an inhabitant of this state shall have left the same for the purpose of evading the operation of the provisions of the statutes relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the juri…

Search warrants for occupied dwellings shall be served between the hours of six o’clock a.m. and ten o’clock p.m., inclusive, unless the judge finds the existence of at least one of the following circumstances: 1. The evidence or person is located on the premises only between the…

scientific, or digital analysis exception. A search warrant must be executed and returned to the magistrate by whom it is issued within ten (10) days. After the expiration of these times respectively, the warrant, unless executed, is void. Provided, if the search warrant authoriz…

When the property is delivered to the magistrate, he must, if it was stolen or embezzled, deliver it to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. If it were taken on a wa…

A. Any peace officer who executes a search warrant must forthwith return the warrant to the magistrate who authorized the warrant or to a magistrate who presides in the judicial district in which the property was found and seized together with a written inventory of the property …

The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant. R.L.1910, § 6072.

If the grounds on which the warrant was issued be controverted, the magistrate must proceed to take testimony in relation thereto. R.L.1910, § 6073.

The testimony given by each witness must be reduced to writing and authenticated in the manner as in preliminary examinations. R.L.1910, § 6074.

If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken.…

The magistrate must annex together the depositions, the search warrant and return, and the inventory, and then return them to the next district court of the county having power to inquire into the offense in respect to which the search warrant was issued by the intervention of a …

A person who maliciously and without probable cause procures a search warrant to be issued and executed is guilty of a misdemeanor. R.L.1910, § 6077.

When a public offense is committed, partly in one county and partly in another county, or the acts or effects thereof, constituting or requisite to the offense, occur in two or more counties, the jurisdiction is in either county. R.L.1910, § 5612.

A peace officer in executing a search warrant, who willfully exceeds his authority, or exercises it with unnecessary severity, is guilty of a misdemeanor. R.L.1910, § 6078.

When a person charged with a felony is supposed by the magistrate before whom he is brought to have upon his person a dangerous weapon or anything which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and the…

When a public offense is committed on the boundary of two or more counties, or within five hundred (500) yards thereof, the jurisdiction is in either county. R.L.1910, § 5613.

Venue for criminal actions to enforce the provisions of Section 2 of this act, including criminal actions with respect to each of the alleged offenses included within a pattern of criminal offenses, as defined in Section 2 of this act, that have allegedly been committed, attempte…

jurisdiction. The jurisdiction of an indictment or information: 1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping the person, with intent, against his or her will, to cause the person to be secretly confined or imprisoned in t…

In all cases where wines, whiskey, beer or other intoxicating liquors mentioned in the Constitution or laws of this state or any personal property used for the purpose of violating any of the prohibitory liquor laws or gambling laws of this state, shall be seized by any officer o…

Any officer failing to comply with Section One of this act shall be guilty of a misdemeanor and upon conviction shall be fined not less than Twenty-five Dollars ($25.00) or more than One Hundred Dollars ($100.00), and imprisoned in the county jail not less than thirty (30) days o…

Any officer who shall sell, barter, give away, or otherwise dispose of any whiskey or any intoxicating liquor, including beer, so seized by order of the court, shall be guilty of a Class D1 felony offense. A violation of any provision of this section shall be punished by a fine o…

Any officer willfully making a false affidavit, as provided in Section 1261 of this title, shall be guilty of the felony of perjury, a Class D1 felony offense, and, upon conviction therefor, shall be imprisoned as provided for in subsections B through F of Section 20N of Title 21…

22 O.S. § 1271 Repealed by Laws 1992, c. 303, § 31, eff. July 1, 1992

It is not necessary to entitle an affidavit, or deposition in the action, whether taken before or after indictment; but if made without a title, or with an erroneous title, it is as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refer to the…

Neither a departure from the form or mode prescribed in this chapter in respect to any pleadings or proceedings, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant or tended to his prejudice, in respect to a substantial right. R.L…

If any informer, under a penal statute, to whom the penalty, or any part thereof, if recovered, is given, shall dismiss his suit or prosecution, or fail in the same, he shall pay all costs accruing on such suit or prosecution, unless he be an officer whose duty it is to commence …

bonds. The clerk of the district court shall keep a record in which all indictments, informations and bonds shall be entered and certified as true and correct copies of all original indictments, informations and bonds filed in his office, and whenever any such original indictment…

The record provided for in the preceding section shall be kept by the clerk as a private record and to be made public only in case the original indictment, information or bond becomes lost, stolen or cannot be found. R.L.1910, § 6135.

institutions - Habeas corpus - Costs, expenses, fees. A. The Department of Corrections shall pay a fee as provided in subsection D of this section for criminal prosecutions conducted in any county where a penal institution or community correction center is located in this state w…

Compensation. (a) In all criminal prosecutions, where the accused is a deaf mute, he shall have all of the proceedings of the trial interpreted to him in a language that he can understand by a qualified interpreter appointed by the court from a list of names submitted by the Okla…

When property taken in one county, by burglary, robbery, larceny, or embezzlement, has been brought into another, the jurisdiction of the offense is in either county. But if, before the beginning of the trial of the defendant in the latter, he be indicted or information be filed …

In the case of an accessory in the commission of a public offense, the jurisdiction is in the county where the offense of the accessory was committed, notwithstanding the principal offense was committed in another county. R.L.1910, § 5617.

22 O.S. § 1291 Repealed by Laws 2010, c. 226, § 9, eff. Nov. 1, 2010

22 O.S. § 1292 Repealed by Laws 2010, c. 226, § 9, eff. Nov. 1, 2010

22 O.S. § 1293 Repealed by Laws 2010, c. 226, § 9, eff. Nov. 1, 2010

22 O.S. § 1294 Repealed by Laws 2010, c. 226, § 9, eff. Nov. 1, 2010

In a criminal action the defendant is entitled: 1. To a speedy and public trial. 2. To be allowed counsel, as in civil actions, or to appear and defend in person and with counsel; and, 3. To produce witnesses on his behalf, and to be confronted with the witnesses against him in t…

When an act charged as a public offense is within the jurisdiction of another territory, county or state, as well as this state, a conviction or acquittal thereof in the former is a bar to a prosecution therefor in this state. R.L.1910, § 5618.

Upon an information against a corporation, the magistrate may issue a summons signed by him, with his name of office, requiring the corporation to appear before him at a specified time and place to answer the charge; the time to be not less than ten (10) days after the issuing of…

The summons must be in substantially the following form: County of ................. IN THE NAME OF THE STATE OF OKLAHOMA To the (naming the corporation): You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer to the charge …