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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Criminal Procedure
Chapter Five. Appeal

Section 501. Right of Appeal; How Taken

(a) The defendant has the right to appeal from the following:

(1) A final judgment of conviction; and the sentence imposed thereon.

(2) From an order made, after judgment and sentences, affecting his substantial rights.

(b) The Tribe have the right to appeal from the following:

(1) A judgment of dismissal, upon a motion to dismiss based on any procedural irregularity occurring before trial, or an order excluding evidence in favor of the defendant prior to trial;

(2) An order arresting judgment or acquitting the defendant contrary to the verdict of the jury or before such verdict can be rendered.

(3) An order of the Court directing the jury to find for the Defendant;

(4) An order made after judgment and sentence affecting the substantial rights of the Tribe.

(c) A notice of appeal must be filed within 10 days of the entry of the final judgment and sentence or other appealable order and such must be served on all parties except the party filing the appeal.

(d) Such appeals shall be had in accordance with the Appellate Procedure Act.

Absentee Shawnee Criminal Procedure Code Section 501, AST CRIM PRO CODE Section 501



 

Section 502. Stay of Judgment and Relief Pending Review

(a) A sentence of imprisonment or banishment may be stayed if an appeal is taken and the defendant may be given the opportunity to make bail. Any defendant not making bail or otherwise obtaining release pending appeal shall have all time spent in incarceration counted towards his sentence in the matter under appeal.

(b) A sentence to pay a fine or a fine and costs, may be stayed pending appeal upon motion of the defendant, but the court may require the Defendant to pay such money subject to return if the appeal should favor the defendant and negate the requirement for paying such.

(c) An order placing the defendant on probation may be stayed on motion of the defendant if an appeal is taken.

Absentee Shawnee Criminal Procedure Code Section 502, AST CRIM PRO CODE Section 502



Section 601. Search and Seizure

(a) Search Warrants. A search warrant is an order directed to any Tribal or Federal law enforcement officer directing him to search a particular place for described persons or property and if found to seize them.

(b) A warrant shall issue only on an affidavit or affidavits sworn to before a Tribal Judge or Magistrate and establishing grounds for issuing the warrant. If the Judge or Magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property and naming or describing the person or place to be searched. The finding of probable cause may be based on hearsay evidence either in whole or in part. Before ruling on a request for a warrant, the judgment may require the affiant to appear personally and be examined under oath.

(c) Contents of Search Warrants. Every search warrant shall contain the name and address of the Court and the signature of the Judge or Magistrate issuing the warrant. It shall specifically describe the place to be searched and the items to be searched for and seized. The warrant shall be directed by any Tribal or Federal police or law enforcement officer or official and shall command such person or persons to search, within a specified period of time not to exceed 10 days, the person or place named for the property or persons specified, and contain the date on which it was issued.

(d) Service of Search Warrants. Search warrants shall be served by any Tribal or Federal law enforcement officer between the hours of 7:00 a.m. and 9:00 p.m., unless otherwise directed on the warrant by the Judge or Magistrate who issued it. A copy of the warrant shall be left with an occupant or owner over sixteen (16) years of age of the place searched if present during said search. If the place to be searched is not occupied at the time of the search, a copy of the warrant shall be left in some conspicuous place on the premises. The officer may break open any outer or inner door or window of a place to be searched, or any part of any place to be searched, or anything thereon to execute a search warrant, if after notice of his authority and purpose, he is denied or refused admittance, when necessary to liberate himself, or a person aiding in the execution of the warrant or when the premises to be searched are unoccupied at the time of the search.

(e) Inventory. The officer serving a search warrant shall make a signed inventory of all property seized and attach such inventory to the warrant. A copy of the inventory and search warrant shall be left with an occupant or owner over sixteen (16) years of age if present during the search or left in a conspicuous place with the search warrant if an occupant is not present during the search.

(f) Return of Search Warrants.

(1) the officer shall endorse on the warrant the date, time, and place of service and the signature of the officer serving it.

(2) The warrant shall be returned to the Court with an inventory of property seized within twenty-four (24) hours of service, Saturdays, Sundays, and legal holidays excluded.

(3) In every case the warrant shall be returned within ten (10) days of the date of issuance, unless return be due on a Saturday, Sunday, or legal holiday, in which case, the return shall be made on the next business day.

(g) Property Subject To Seizure. Property which is subject to seizure is property in which there is probable cause to believe such property is:

(1) Stolen, embezzled, contraband, or otherwise criminally possessed; or

(2) Which is or has been used to commit a criminal offense; or

(3) Property which constitutes evidence of the commission of a criminal offense.

(h) Warrantless Searches. A law enforcement officer may conduct a search without a warrant only:

(1) Incident to a lawful arrest; or

(2) With the consent of the person to be searched, or

(3) With the consent of the person having actual possession and control of the property to be searched; or

(4) When he has reasonable grounds to believe that the person searched may be armed and dangerous; or

(5) When the search is of a vehicle capable of being moved and the officer has probable cause to believe that it contains property subject to seizure, or upon inventory of such vehicle after impoundment and seizure.

(6) In any other circumstances wherein federal law has held that a search without obtaining a warrant prior to the search in those circumstances would not be unreasonable.

(i) A person aggrieved by an unlawful search and seizure may move the Tribal Court for the return of the property, not contraband, on the ground that he is entitled to lawful possession of the property illegally seized. The judge may receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted, the property shall be returned, if not contraband, and shall not be admissible at any hearing or trial.

(j) A law enforcement officer may stop any person in a public place whom he has reasonable cause to believe is in the act of committing an offense, or has committed an offense, or is attempting to commit an offense and demand of him his name, address, an explanation of his actions and may, if he has reasonable grounds to believe his own safety or the safety of other nearby is endangered, conduct a frisk type search of such person for weapons.

(k) The term “property” is used in this section to include documents, books, papers, and any other tangible object.

Absentee Shawnee Criminal Procedure Code Section 601, AST CRIM PRO CODE Section 601

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