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State v. Carr, Eleventh District Court of Appeals (Ashtabula, Geauga, Lake, Portage, Trumbull counties), March 4, 2013

Question: Can a peace officer have a suspect’s blood drawn without consent or a warrant in order to collect evidence of a crime?

 
Quick Answer: Yes, but only if there’s probable cause to arrest and exigent circumstances exist, which strongly depends on the facts and circumstances. 

4/15/2013

State v. Rich, Twelfth District Court of Appeals (Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, Warren counties), March 11, 2013

Question: Do peace officers violate the Fourth Amendment by attaching (and monitoring) a GPS device to a confidential informant’s rented vehicle that’s driven by a suspect?
 
Quick Answer: No, if the GPS was placed on the vehicle before the suspect took possession of it.

4/15/2013

State v. Lockett, Seventh District Court of Appeals (Belmont, Carroll, Columbiana, Harrison, Jefferson, Mahoning, Monroe, Noble counties), March 8, 2013

Question: Must a peace officer determine the victim and the aggressor of a fight before detaining and frisking the parties involved?
 
Quick Answer: No, as long as the officer has reasonable suspicion to believe that a fight has occurred.

4/15/2013

U.S. v. Kinison, U.S. Sixth Circuit Court of Appeals, March 19, 2013

Question: Can a sparsely written warrant affidavit support a finding of probable cause?
 
Quick Answer: Yes, because there is no set number of criteria for establishing probable cause.

4/15/2013

Florida v. Jardines, U.S. Supreme Court, March 26, 2013

Question: Can peace officers use a drug-detection dog when entering the curtilage of a person’s home?
 
Quick Answer: No. It’s unconstitutional to approach the curtilage of a home with any law enforcement tool with the intent to investigate for evidence of a crime.
 

4/15/2013

Sovereign Citizen Encounters: What Officers Should Know

A peace officer patrolling State Route 23 spots a vehicle with no license plates and initiates a traffic stop. When he approaches the car, the driver refuses to roll down his window completely and — when asked to produce a driver’s license, registration, and proof of insurance — slides a stack of paperwork through the window. 

4/15/2013