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Identity Theft Victims Turn to Law Enforcement, New Program

Identity theft is difficult to prevent. It’s often not until money is stolen that a victim — let alone law enforcement — knows his identity was taken. But there are ways Ohio peace officers can help ID theft victims, including knowing the services available to assist them. One valuable resource is the Ohio Attorney General’s Office, which provides a program specifically tailored to reduce the impact of ID theft.


Florida v. Harris, U.S. Supreme Court, Feb. 19, 2013

Question: Does a law enforcement drug dog’s field performance record determine whether the dog’s alert provides probable cause to search a vehicle?
Quick Answer: Not really. Probable cause to search is based on the “totality of the circumstances.”


Bailey v. U.S., U.S. Supreme Court, Feb. 19, 2013

Question: May peace officers detain a person while executing a search warrant at the person’s home when that person has left the premises?
Quick Answer: Yes, but only if the person is a recent occupant and is within the immediate vicinity of the premises being searched.


U.S. v. Shaw, U.S. Sixth Circuit Court of Appeals, Feb. 21, 2013

Question: May law enforcement officers make potentially false statements in an attempt to serve an arrest warrant inside a home?
Quick Answer: No.


U.S. v. Young, U.S. Sixth Circuit Court of Appeals, Dec. 20, 2012

Questions: (1) Does a person’s presence in a high-crime area, along with other general factors, provide reasonable suspicion to conduct a Terry stop? (2) Does a peace officer exceed the scope of the Terry stop when the officer runs a warrant check that’s unrelated to the suspected crime?
Quick Answers: (1) No, an articulable fact specific to that person is also needed to conduct the stop. (2) No, warrant checks are a routine part of law enforcement practice.


State v. Lam, Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, and Montgomery counties), Feb. 15, 2013

Question: Can a peace officer make a warrantless entry into a home during pursuit of a fleeing suspect?
Quick Answer: Yes, for any crime, as long as the pursuit begins in a public place.


State v. Dean, Fifth District Court of Appeals, Feb. 1, 2013

Question: May a peace officer make a traffic stop for a vehicle that is traveling at a slow speed? 
Quick Answer: No, not unless the vehicle is impeding the flow of traffic or posing a danger on the road.


State v. Smith, Seventh District Court of Appeals (Belmont, Carroll, Columbiana, Harrison, Jefferson, Mahoning, Monroe, and Noble counties), Feb. 1, 2013

Question: Does a peace officer’s mistakenly incorrect statement of law invalidate a confession?
Quick Answer: Yes, when the incorrect statement is repeated numerous times and coercive in nature.