Dissenting.
{1 The Oklahoma Constitution clearly expresses our State's preference for prior judicial approval of how searches of private property are conducted. Okla. Const. Art. II, § 30; Dale v. State, 2002 OK CR 1, ¶ 7, 38 P.3d 910, 911-12. Through enactment of various statutes, our Legislature has elaborated on how search warrants should be sought, approved, and executed. These statutes are not merely suggestions. We must presume that they have some legitimate purpose behind them. One such requirement is that a search warrant be personally served on the owner of the premises. 22 O.S.2001, § 1227. There are, in fact, several good reasons for personally serving the property owner before a search warrant is executed. Personal service saves time and minimizes property damage, since the owner may choose to cooperate with the authorities and tell them where the evidence they are seeking can be found. It shows a modicum of respect to the citizen who, though his property may be subject to lawful search, is still presumed innocent. It helps police avoid mistakes, such as searching the wrong premises, whether due to misdescription in the warrant itself, or to police error in the field. It can also reduce the risk of danger, both to the officers executing the warrant, and to anyone who may be inside the premises.1
1 2 Our Legislature has enacted other laws regarding search warrants which promote these same goals. If police believe that exceptional circumstances warrant departure from these rules, they must generally seek the approval of the magistrate first.2 In this case, the subterfuge employed by the police was unnecessary. The police could have, and should have, presented their safety concerns to the magistrate, instead of concocting a scheme on their own to lure the defendant from the premises before the search. I continue to believe that the Legislature has the authority to prescribe the methods police may use to obtain and execute warrants, even if other methods, not statutorily authorized, might be considered "reasonable" under *738our constitution. See Dodson v. State, 2006 OK CR 32, ¶ 15, 150 P.3d 1054, 1058.
[ 3 There clearly was a "ruse"; the officers concocted a scheme to get the homeowner away from the property. This was clearly State action, a "ruse" to avoid personal service and is unacceptable behavior by the police. If the police were afraid for their safety or the safety of others, Oklahoma law allows for even a "no knock search". This could have been used, but the "ruse" was used to avoid service and not for protection of the officers. I respectfully dissent.
. Cf. Michigan v. Summers, 452 U.S. 692, 702-03, 101 S.Ct. 2587, 2594, 69 L.Ed.2d 340 (1981), and Rochon v. State, 2008 OK CR 1, ¶ 11, 176 P.3d 362, 365 (noting that many of these same goals are furthered when a property owner or occupant is detained at the premises during the search).
. See 22 0.$.2001, § 1228 (specifying that officer executing warrant must knock and announce his presence, giving the occupant an opportunity to permit peaceful entry, unless a magistrate has previously found the circumstances require otherwise); 22 O.S.Supp.2005, § 1230 (providing that search warrants for occupied dwellings may only be served during certain times of the day, unless a magistrate has previously found the circumstances require otherwise).