Law Enforcement Bulletin 

Ohio Attorney General Mike DeWine encourages local teams of law enforcement and educators to attend a new school safety course that will be offered around the state beginning in January and to collaborate on required school safety plans.

The U.S. Supreme Court is considering two cases of interest to the criminal justice community this term. Decisions are expected by mid-2013.

Question: Does a peace officer violate a suspect’s Fifth Amendment right if the officer does not inform the suspect that anything he says will be used against him in a court of law?
 
Quick Answer: No, as long as the suspect is told the substance of his constitutional rights, there is no need to issue a Miranda warning verbatim.

Question: If peace officers attempt a “knock-and-talk” but the occupant immediately slams the door and refuses to talk, do the officers have any authority to issue commands to the occupant? 
 
Quick Answer: No. Without a search warrant, the officers have no authority to command the occupants to open the door or to open it themselves.

Question: Is a suspect’s consent to search freely and voluntarily given when law enforcement doesn’t read a consent to search form verbatim?
 
Quick Answer: Yes, as long as the form is explained to the suspect, and it’s signed freely, the consent is freely and voluntarily given.

Question: When multiple peace officers have secured the premises, may they search a suspect’s luggage for a firearm without a warrant?
 
Quick Answer: No, the allegation that there is a firearm on the premises does not create exigent circumstances if the scene is secured. A warrant is needed to search.

Question: When a peace officer in his patrol car tells a citizen to stop and talk to him, is this a consensual encounter?
 
Quick Answer: No, it’s an investigatory stop for which an officer needs reasonable suspicion.

Question: Can a canine officer’s handler be civilly liable when the canine bites a suspect in the line of duty?
 
Quick Answer: Maybe. It may depend on whether the dog’s state certification remains current and whether the dog goes through periodic maintenance training.

Question: If a suspect informs peace officers that he has a lawyer for a separate, unrelated charge, must officers abandon all questioning?
 
Quick Answer: No, because a suspect’s request for counsel must be unambiguous.

Question: Does a peace officer exceed the scope of a Terry investigatory stop if he approaches a suspect with a gun drawn and proceeds to handcuff the suspect?
 
Quick Answer: No, but the officer’s actions must be reasonable under the circumstances.