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Search of Vehicles and Traffic Stops (GPS and the Good-Faith Exception): State of Ohio v. Allen


Question: If you ask your prosecutor if it is OK to put a GPS on a SUV without a warrant and he says “yes,” can you use a good-faith exception to the exclusionary rule even though the advice was incorrect?

Quick Answer: Probably not. The good-faith exception to the exclusionary rule is normally applied in cases in which the police acted in good faith based on a binding judicial document, such as a faulty warrant.

11/20/2013

Miranda and Confessions (Requests for an Attorney): State of Ohio v. Ream

Question: Are statements such as “get a public defender in here” and “they’re gonna have to provide me with some counsel” enough to activate Miranda rights?
 
Quick Answer: Maybe. But if the suspect continues to voluntarily talk and re-waives his right to counsel, even if it occurs several times throughout an interrogation, no violation of Miranda has occurred.

11/20/2013

Proper Protocol (Reliance on Informants): State of Ohio v. Norwood

Question: If you receive a tip from an “identified citizen informant” concerning an intoxicated individual located at a drive-through window of a Taco Bell, is this a basis to make a stop?
 
Quick Answer: Yes, if the tip is reliable and has been corroborated by independent police work.

11/20/2013

Driving and Intoxication (Disorderly Conduct): State of Ohio v. Vause

Question: Do you have probable cause to arrest an individual for disorderly conduct if she is intoxicated, even if she is polite and cooperative?
 
Quick Answer: Yes, if her condition poses a potential of physical harm to self, others, or property.

11/20/2013

Search and Seizure (Hotel Rooms): State of Ohio v. Wright

Question: If a hotel employee gives you permission, can you search a hotel room occupied by a guest?
 
Quick Answer: No, unless the employee has, by an affirmative action, evicted the guest and the guest is aware of the eviction.

11/20/2013

Brimfield Township Police Tally More Than 91,000 Facebook Followers

The small community of Brimfield Township, just east of Akron, is home to one of the most famous police departments in social media history, as evidenced by its 91,000-plus Facebook followers. About 7,000 are residents — an impressive total considering the township’s entire population is about 10,500.

11/20/2013