Oklahoma's Constitutional Search and Seizure--It's Always Time for Enlightenment
Document Type
Article
Publication Date
2025
Publication Title
Oklahoma Law Review
Abstract
Oklahoma has an unusual constitutional structure that has created a rather bizarre anomaly: Oklahomans simultaneously enjoy greater-than- federal constitutional protections of search and seizure (says the Oklahoma Supreme Court) and state constitutional protections in lockstep with United States Supreme Court interpretation of the Fourth Amendment (says the Oklahoma Court of Criminal Appeals). While such quantum weirdness does little to commend Oklahoma’s structure of dueling high courts, it provides excellent fodder for reflecting on why each state ought to have robust, independent interpretation of its own constitution. It is not because it necessarily leads to different rights structures—it may or may not—it is because independent thought is the core principle of enlightenment.
Volume
77
First Page
429
Recommended Citation
Stephen E. Henderson, Oklahoma’s Constitutional Search and Seizure – It’s Always Time for Enlightenment, 77 Okla. L. Rev. 429 (2025).
