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State v. Dukes, Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami and Montgomery), April 26, 2013.

Question: Can an officer pull over a vehicle for being on a “tow-in” list for unpaid parking tickets because he has been ordered to do so?
Quick answer: No, not unless there is some other criminal activity afoot.


State v. Allen, First District Court of Appeals (Hamilton County), April 16, 2013

Question: Can an officer pre-sign and date blank complaints and have another officer fill in the facts later?
Quick Answer: No. Officers must follow Criminal Rule 3 and have their complaints made under oath.


State v. Baker, Third District Court of Appeals, April 29, 2013

Question: After a suspect invokes his right to counsel under Miranda, can an officer initiate conversation with the suspect without additional Miranda warnings?
Quick Answer: No. When a suspect invokes his right to counsel, all interrogation must cease.


State v. Hullum, Eighth District Court of Appeals (Cuyahoga County), April 11, 2013

Question: Can an agency search containers inside an impounded vehicle as part of an inventory search?
Quick Answer: Yes, but only if the agency has a specific policy that deals with searching containers inside vehicles.


State v. Maddox, Eighth District Court of Appeals (Cuyahoga County), April 18, 2013.

Question: If a suspect opens his door when officers knock, can the officers enter the home and arrest the suspect without a warrant?
Quick answer: No. An officer who enters a home without a warrant in order to arrest a suspect violates the suspect’s constitutional rights.


United States v. Rose, U.S. Sixth Circuit Court of Appeals, April 18, 2013

Question: Is a warrant to search premises sufficient if it does not link the address to be searched with the crime or suspect?
Quick Answer: No. In order to establish probable cause, an affidavit for a search warrant should explicitly link the suspect or crime with the address.


Missouri v. McNeely, U.S. Supreme Court, April 17, 2013

Question: Does the natural dissipation of alcohol in a drunk driver’s bloodstream always create circumstances that allow officers to require a blood draw without a warrant or consent?
Quick Answer: No. The mere fact that alcohol dissipates from the bloodstream does not automatically justify a warrantless blood draw.


AG provides districts with school safety videos

School districts across the state have received a training video on school safety developed by the Attorney General’s Ohio Peace Officer Training Academy (OPOTA) and intended to arm administrators, teachers, and school employees with knowledge should they ever face a school shooting crisis.


Workshops Cover Tools, Trends in Fraud Investigations

The Ohio Attorney General's Office will offer several workshops during this year's Emerging Trends in Fraud Investigation and Prevention Conference, set for June 3-4 at the Hilton Columbus at Easton. The annual conference is presented by the Ohio Auditor's Office.