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Constitutional Requirements (Miranda): State v. Matthews

Question: When a suspect refuses to waive Miranda but keeps talking and offers voluntary statements about the case, can those statements we used against the suspect?
 
Quick Answer: Yes, if you don’t ask him any questions or otherwise provoke, coerce, or induce him to talk.

9/18/2013

Proper Protocol (Dereliction of Duty): State v. Beggs

Question: Is it a dereliction of an officer’s duty to leave an intoxicated individual unattended after picking him up from the scene of a one-car accident and hearing of various complaints of his reckless driving?
 
Quick Answer: Yes.

9/18/2013

OVI Tests (Intoxilyzer 8000): State of Ohio v. Lambert

Questions: 1) Does the certification for the Intoxilyzer 8000 have to be done at the patrol station if it had been done prior to transport? 2) Do you have to do the Intoxilyzer 8000 dry gas control test after each breath test?
 
Quick Answers: 1) No, if the certification was done prior to transport to the patrol station and diagnostic tests were run on delivery, there has been compliance with the rules governing certification. 2) No, a dry control test is done before the subject’s first breath and after the second breath, but not in between.

9/18/2013

Traffic Stops (Marked Lane Violations): The Cases of Muller, Thomas, Parker, and Shaffer

Question: When do you have reasonable, articulable suspicion to pull someone over for a marked lane violation?
 
Quick Answer: When a vehicle crosses a marked lane for reasons other than safety, you are able to pull someone over for a marked lane violation.

9/18/2013

Search and Seizure (GPS Surveillance): State v. Wilcox

Question: What information do you need to give the court to get a warrant for surveillance on a vehicle?
 
Quick Answer: You need to tell the court specific information about the vehicle, including the VIN number, ownership, and where the car is normally located. You also need to give the court a link between the crime and the vehicle, leading it to conclude, “Yes, this vehicle was probably involved in the criminal offense, so now you have probable cause.”

9/18/2013

Organized Crime Not Unique to Big Cities

What do you think when you hear the words “organized crime”? Maybe gangsters, big cities, drug rings, or a large crime family? Do you think of a small Ohio town?

9/18/2013