<![CDATA[Law Enforcement Bulletin RSS]]> <![CDATA[A Message from the Ohio Attorney General]]> Dear Colleagues,
 
I am proud to introduce the Ohio Attorney General’s Law Enforcement Bulletin. 
 
Supporting Ohio’s hardworking law enforcement officers is one of my top priorities as Attorney General. With that in mind, we have developed this monthly newsletter to keep you and your fellow officers informed of important legal cases and trending topics. 
]]> Thu, 01 Mar 2012 14:45:59 GMT <![CDATA[Attorney General Offers Training on Evaluating Witnesses and Their Testimony]]> Wed, 16 May 2012 11:01:08 GMT <![CDATA[Case Law Caveat: Florence v. Board of Chosen Freeholders]]> On April 2, 2012, the U.S. Supreme Court held that a jail strip search of any arrestee does not violate the Fourth Amendment even if there is no reasonable suspicion for it. Although this decision sets a new federal limit on lawsuits, Ohio has a separate law that forbids strip searches of any arrestee unless jail officials have probable cause and pre-authorization to conduct the search. For more information on the Ohio law, consult Ohio Revised Code Section 2933.32. ]]> Wed, 18 Apr 2012 14:37:29 GMT <![CDATA[Cell phones: A ‘gold mine’ for criminal investigations]]> It’s easy to understand why cell phones are commonly used in drug-related offenses. But with technology advancing so quickly, criminals are able to use smart phones to commit more complex crimes such as elaborate money laundering and human trafficking schemes. And, of course, they’re the primary tool used in sexting and cyber stalking.]]> Thu, 14 Jun 2012 13:54:47 GMT <![CDATA[Chemical suicides present hazmat perils]]> Chemical suicide is a growing and alarming trend in the United States, and it poses a risk for more than just the intended victim. Law enforcement officers acting as first responders also are in jeopardy, making it vital for them to know the warning signs in order to protect themselves and their communities.]]> Wed, 18 Apr 2012 14:37:53 GMT <![CDATA[City of Wickliffe v. Petway — Eleventh District Court of Appeals (Ashtabula, Geauga, Lake, Portage, and Trumbull counties), June 4, 2012]]> Question: If a peace officer witnesses a vehicle weaving slightly within its own lane of traffic, does this observation provide probable cause or reasonable suspicion for a traffic stop?

Quick answer: No, more evidence of either a traffic violation or erratic driving is needed to justify a stop.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[De-escalation techniques can be effective with special needs populations]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[Don’t miss the ‘red flags’ of human trafficking]]> The average person might see a “massage parlor” as a front for prostitution. A trained peace officer, though, could recognize it as the most visible aspect of an underground human trafficking ring.]]> Thu, 01 Mar 2012 14:45:17 GMT <![CDATA[eOPOTA course covers use of new OH-1 Crash Report]]> Fri, 13 Jul 2012 16:16:12 GMT <![CDATA[Meeting high ethical standards takes forethought, determination]]>  “The ethics of excellence are grounded in action — what you actually do, rather than what you say you believe. Talk, as the saying goes, is cheap.”
—    Price Prichett,
Business advisor, speaker, author
]]> Mon, 14 May 2012 08:58:28 GMT <![CDATA[Messerschmidt v. Millender — U.S. Supreme Court, Feb. 22, 2012]]> Question: If a court finds your search warrant overbroad, are you open to civil liability?
 
Quick answer: Probably not. If you acted with a reasonable belief of probable cause, you should be entitled to qualified immunity.
]]> Wed, 18 Apr 2012 14:36:59 GMT <![CDATA[Phillips v. Community Insurance Corp. — Seventh Circuit Court of Appeals (Illinois, Indiana, Wisconsin), April 27, 2012]]> Question: Did officers use excessive force when they fired an SL6 riot gun four times at a non-resisting, intoxicated suspect? 
 
Quick answer: Yes, so they are not entitled to qualified immunity.
]]> Thu, 14 Jun 2012 13:49:15 GMT <![CDATA[Ryburn v. Huff - U.S. Supreme Court, Jan. 23, 2012]]> Question: Does a warrantless entry into a home make you civilly liable if you entered only because you thought someone might be in imminent danger?
 
Quick answer: Most likely, no, because you probably would have qualified immunity.
]]> Thu, 01 Mar 2012 14:41:58 GMT <![CDATA[Seremeth v. Board of County Commissioners — Fourth Circuit Court of Appeals (Maryland, North Carolina, South Carolina, Virginia, West Virginia), March 12, 2012]]> Question: Does the Americans with Disabilities Act (ADA) apply to criminal investigations?
 
Quick answer: Yes. If you don’t provide the suspect with reasonable accommodations for his disability, you may be civilly liable.
]]> Mon, 14 May 2012 08:57:27 GMT <![CDATA[State v. Alihassan — Tenth District Court of Appeals (Franklin County), March 1, 2012 ]]> Question: Does the plain view warrant exception allow peace officers warrantless entry into a home?
 
Quick answer: No. Unlike the other warrant exceptions, the plain view doctrine will not justify your warrantless entry into a home.
]]> Wed, 18 Apr 2012 14:34:54 GMT <![CDATA[State v. Battle - Ohio Court of Appeals, Tenth District (Franklin County) Dec. 22, 2011]]> Question: If a car is parked, locked, and otherwise secure, do you need a warrant to search the car if you have probable cause to believe it contains drugs?
 
Quick answer: No. You may conduct a warrantless search under the automobile exception.
]]> Thu, 01 Mar 2012 14:38:52 GMT <![CDATA[State v. Beaver — Eleventh District Court of Appeals (Ashtabula, Geauga, Lake, Portage, and Trumbull counties), March 5, 2012]]> Question: Will a witness’ show-up identification be suppressed if a court finds that law enforcement’s procedures for the identification were suggestive?
 
Quick answer: Maybe not. If, based on the totality of the circumstances, the identification was otherwise reliable, a court might not suppress the identification as unduly suggestive.
]]> Wed, 18 Apr 2012 14:35:10 GMT <![CDATA[State v. Broughton — Tenth District Court of Appeals (Franklin County), June 7, 2012]]> Question: May a peace officer perform a protective sweep in the passenger compartment of a suspect’s car when the suspect is removed from the car for a non-arresting offense?

Quick answer: Yes, if the officer has reasonable suspicion that the suspect is dangerous and would gain immediate control of a weapon upon returning to the vehicle.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[State v. Burnap — Fifth District Court of Appeals (Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark, and Tuscarawas counties)]]> Question: Can a peace officer solely rely on a citizen informant’s tip as the reasonable suspicion to stop a possible drunk driver?
 
Quick answer: No, not when the citizen informant doesn’t specifically describe what he has observed from the “drunk” driver.
]]> Thu, 14 Jun 2012 13:16:13 GMT <![CDATA[State v. Byrd — Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, and Montgomery counties), June 15, 2012]]> Question: Is an officer’s pat-down constitutional when a suspected gang member is stopped in a high crime area and admits to having marijuana in his pants pocket?

Quick answer: No, not without any particularized suspicion that the suspect is armed or presents a danger to officers.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[State v. Clark — Eighth District Court of Appeals (Cuyahoga County), May 10, 2012]]> Question: Is consent to search voluntarily given when it’s in the presence of numerous peace officers during a “knock and talk”?
 
Quick answer: Probably not.
]]> Thu, 14 Jun 2012 13:14:19 GMT <![CDATA[State v. Dunn — Ohio Supreme Court, March 15, 2012 ]]> Question: Can a peace officer perform a search without any suspicion of criminal wrongdoing?
 
Quick answer: Yes, but only under the community-caretaking/emergency-aid exception to the warrant requirement.
]]> Wed, 18 Apr 2012 14:35:24 GMT <![CDATA[State v. Eal — Tenth District Court of Appeals (Franklin County), March 29, 2012]]> Question: (1) When you get a warrant for child pornography, do you need to attach images? (2) Does a search warrant for digital evidence become stale when there are months between the alleged crime and the warrant’s issue date?
 
Quick answer: (1) No. However, you should be as specific as possible in describing the content of the images so it is clear they are contraband. (2) No. Digital evidence tends to be persistently kept, so a search warrant can be issued months after a transaction.
]]> Mon, 14 May 2012 08:42:05 GMT <![CDATA[State v. Gould - Ohio Supreme Court, Jan. 17, 2012]]> Question: Do the U.S. and Ohio Constitutions protect abandoned property from warrantless search and seizure?
 
Quick answer: No. Abandoned property is fair game for a warrantless search.
]]> Thu, 01 Mar 2012 14:41:14 GMT <![CDATA[State v. Henderson — Sixth District Court of Appeals (Erie, Fulton, Huron, Lucas, Ottawa, Sandusky, Williams, and Wood counties), March 30, 2012]]> Question: Does a single-photo lineup violate a suspect’s constitutional due process?
 
Quick answer: No, not if the lineup is used to confirm the identity of an already known suspect.
]]> Mon, 14 May 2012 08:46:26 GMT <![CDATA[State v. Holmes — Fifth District Court of Appeals (Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark, and Tuscarawas counties)]]> Question: Can a peace officer pat down someone walking through a parking lot in a high-crime area when the person appears to be avoiding the officer?
 
Quick answer: No, not without reasonable, individualized suspicion that the person is involved in criminal activity.
]]> Mon, 14 May 2012 08:48:12 GMT <![CDATA[State v. Hoskins - Ohio Court of Appeals, Second District (Champaign, Clark, Darke, Greene, Miami, and Montgomery counties) Jan. 6, 2012]]> Question: When you take multiple suspects into custody, should you immediately read the suspects their Miranda rights before asking anyquestions?
 
Quick answer: Yes, probably. This helps avoid violating a suspect’s right against self-incrimination.
]]> Thu, 01 Mar 2012 14:40:04 GMT <![CDATA[State v. Jackson — Eleventh District Court of Appeals (Ashtabula, Geauga, Lake, Portage, and Trumbull counties), May 14, 2012]]> Question: (1) May peace officers order a driver to get out of a lawfully detained vehicle without additional reasonable suspicion or probable cause? (2) Does on-scene investigative questioning trigger a suspect’s Fifth Amendment Miranda rights?
 
Quick answer: (1) Yes. (2) No.
 
]]> Thu, 14 Jun 2012 13:10:04 GMT <![CDATA[State v. Johnson — Eighth District Court of Appeals (Cuyahoga County), March 29, 2012]]> Question: Can a police dispatch call provide the probable cause needed to justify a warrantless entry of a home?
 
Quick answer: Yes, if the call reveals that exigent circumstances exist.
]]> Mon, 14 May 2012 08:44:15 GMT <![CDATA[State v. Miklas — Seventh District Court of Appeals (Belmont, Carroll, Columbiana, Harrison, Jefferson, Mahoning, Monroe, and Noble counties), June 6, 2012]]> Question: Is a suspect’s confession involuntary when a peace officer questioning the suspect asks if he’d like to write an apology letter to the victim?

Quick answer: It depends on the totality of the circumstances.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[State v. Miller — Fourth District Court of Appeals (Adams, Athens, Gallia, Highland, Hocking, Jackson, Lawrence, Meigs, Pickaway, Pike, Ross, Scioto, Vinton, and Washington counties), April 17, 2012]]> Question: (1) Must a suspect’s consent to a search be explicit? (2) Must a peace officer inform a suspect that he has a right to refuse consent?
 
Quick answer: (1) No. A suspect’s consent may be implied by his conduct. (2) No. An individual doesn’t need to be aware of his right to refuse consent to a search.
]]> Thu, 14 Jun 2012 13:46:55 GMT <![CDATA[State v. Napier — Ninth District Court of Appeals (Lorain, Medina, Summit, and Wayne counties), Feb. 6, 2012]]> Question: If a peace officer forgets to write down every fact from a traffic stop, should the evidence collected from the stop be suppressed?
 
Quick answer:It depends. Even with some details left out of your report, your statement may still be found credible and provide probable cause for the suspect’s arrest.
]]> Wed, 18 Apr 2012 14:34:18 GMT <![CDATA[State v. Robinson — Ninth District Court of Appeals (Lorain, Medina, Summit, and Wayne counties), June 4, 2012]]> Question: Does a peace officer violate the Fourth Amendment by searching inside a suspect’s pocket or socks without a warrant?

Quick answer: Yes, but only if there are no warrant exceptions that will justify the warrantless search.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[State v. Troutman — Third District Court of Appeals (Allen, Auglaize, Crawford, Defiance, Hancock, Hardin, Henry, Logan, Marion, Mercer, Paulding, Putnam, Seneca, Shelby, Union, Van Wert, Wyandot)]]> Question: If a peace officer develops reasonable suspicion of criminal activity during a routine traffic stop, could the length of the detention violate the Fourth Amendment?
 
Quick answer: Yes. If you are not diligently investigating either the traffic stop or your suspicion of criminal activity, a court might throw out the incriminating evidence found during a prolonged stop.
]]> Wed, 18 Apr 2012 14:34:30 GMT <![CDATA[Training offers insight into active shooter situations]]> A new Ohio Peace Officer Training Academy (OPOTA) course is designed to give law enforcement, prosecutors, dispatchers, and school teachers and administrators insight into the thoughts and actions of active school shooters before they commit their crimes. OPOTA will offer the Profile of an Active Shooter course free of charge throughout the state in October and November.
 
]]> Thu, 14 Jun 2012 13:53:17 GMT <![CDATA[Trending Topic in the Courts: Do dog sniffs constitute a search?]]> The U.S. Supreme Court is taking another look at law enforcement’s use of dog sniffs later this year. 
 
In Florida v. Harris, the court will decide whether an alert by a trained and certified drug dog is enough to find probable cause to search a vehicle. A Florida police officer pulled over a truck for having expired license tags. The officer noticed the driver was nervous and saw an open beer can in one of the truck’s cup holders. The driver refused to consent to a search of the truck, so the officer had his drug detection dog walk around the outside of the vehicle. The dog alerted to the driver’s side door. The officer then searched the vehicle and discovered pseudoephedrine pills, matches, and muriatic acid, all used to make methamphetamine.   
]]> Wed, 18 Apr 2012 14:37:16 GMT <![CDATA[U.S. v. Cowan — Eighth Circuit Court of Appeals (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota), March 23, 2012]]> Question: An officer found a key fob in a suspect’s pocket and used the fob’s remote panic alert to identify the suspect’s vehicle in a parking lot. Was a warrant required?
 
Quick answer: No. If there is reasonable suspicion for a pat-down, an officer can remove keys if there is probable cause to believe they were incriminating evidence. And using the keys to locate a vehicle falls into the automobile exception when it is likely to lead to incriminating evidence.
]]> Mon, 14 May 2012 08:49:37 GMT <![CDATA[United States v. Burgard — Seventh Circuit Court of Appeals (Illinois, Indiana, Wisconsin), April 2, 2012]]> Question: Did police violate the Fourth Amendment when they waited six days before getting a warrant to search a suspect’s lawfully seized cell phone?
 
Quick answer: No, but only because there were legitimate reasons for the delay.
]]> Thu, 14 Jun 2012 13:50:00 GMT <![CDATA[United States v. Cavazos — Fifth Circuit Court of Appeals, Jan. 19, 2012]]> Question: Does a law enforcement interview held in a suspect’s home automatically mean the person cannot be “in police custody” under the Fifth Amendment?
 
Quick answer: No, if the facts and circumstances show that the person would not have felt free to end the interview, he can be considered to be “in police custody.” 
]]> Wed, 18 Apr 2012 14:36:09 GMT <![CDATA[United States v. Collins — Sixth Circuit Court of Appeals (Michigan, Kentucky, Ohio, Tennessee), June 12, 2012]]> Question: Does a peace officer’s factually accurate statement to a suspect violate the Fifth Amendment as an un-Mirandized interrogation if the suspect responds with an incriminating statement?

Quick answer: No.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[ United States v. Evers Sr. — Sixth Circuit Court of Appeals, Feb. 10, 2012 ]]> Question: While executing a search warrant, can you seize items that are not specifically mentioned in the warrant?
 
Quick answer: Yes. As long as the items are reasonably related to the crime you are investigating, you can seize the unmentioned items.
]]> Wed, 18 Apr 2012 14:36:28 GMT <![CDATA[United States v. Hampton — Seventh Circuit Court of Appeals (Illinois, Indiana, Wisconsin), March 27, 2012]]> Question: Must peace officers ask clarifying questions when a suspect hedges on whether he wants an attorney present for questioning? 
 
Quick answer: No. If the suspect is ambiguous in requesting an attorney, officers are not constitutionally required to further clarify the suspect’s request and do not have to end questioning.
]]> Mon, 14 May 2012 08:51:01 GMT <![CDATA[United States v. Jackson — Sixth Circuit Court of Appeals (Michigan, Kentucky, Ohio, and Tennessee), June 19, 2012]]> Question: Is a peace officer’s inventory search illegal if the officer follows his department’s inventory policy?

Quick answer: No, as long as the policy is well-established and authorizes a search of all interior areas of the vehicle before ordering a tow.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[United States v. Jones — Sixth Circuit Court of Appeals, March 7, 2012]]> Question: Is approaching a suspect on the street considered a Fourth Amendment “seizure” that requires reasonable suspicion? 
 
Quick answer: Not exactly. A “seizure” does not happen until the suspect voluntarily stops or is physically restrained.
]]> Wed, 18 Apr 2012 14:36:45 GMT <![CDATA[United States v. Jones - U.S. Supreme Court, Jan. 23, 2012]]> Question: Is attaching and monitoring a GPS device on a suspect’s vehicle a Fourth Amendment “search”?
 
Quick answer: Yes. You should get a warrant first.
]]> Thu, 01 Mar 2012 14:42:50 GMT <![CDATA[United States v. Laudermilt — Fourth Circuit Court of Appeals (Maryland, North Carolina, South Carolina, Virginia, West Virginia), May 3, 2012]]> Question: Is a peace officer justified in conducting a warrantless protective sweep of a home after arresting a suspect inside the home?

Quick answer: Yes, if the officer reasonably believes another individual is inside the home and poses a danger to those on the scene.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[United States v. McCraney — Sixth Circuit Court of Appeals (Kentucky, Michigan, Ohio, Tennessee), March 21, 2012]]> Question: Can a peace officer search a suspect’s car incident to an arrest?
 
Quick answer: It depends. If the arrested suspect was secured and not within reaching distance of the car’s interior, then you cannot justify a warrantless search of the car under the search incident to arrest exception.
 
]]> Mon, 14 May 2012 08:53:34 GMT <![CDATA[United States v. Ramirez — Eighth Circuit Court of Appeals (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota), April 26, 2012]]> Question: Is an officer’s warrantless entry into a hotel room justified by exigent circumstances if he believes that evidence will be destroyed?
 
Quick answer: No, not without actual proof that an exigency exists.
]]> Thu, 14 Jun 2012 13:47:39 GMT <![CDATA[United States v. Rochin - Tenth Circuit Court of Appeals (New Mexico) Dec. 13, 2011]]> Question: Is the scope of a Terry frisk limited to removing traditional weapons that are immediately known during the frisk?
           
Quick answer: No. You may remove any object that you reasonably believe could be used as a weapon against you.
]]> Thu, 01 Mar 2012 14:37:53 GMT <![CDATA[United States v. Shrader — Fourth Circuit Court of Appeals (Maryland, North Carolina, South Carolina, Virginia, West Virginia), April 4, 2012]]> Question: Can a co-tenant give consent to search a shared home even though the suspect has previously refused consent?
 
Quick answer: Yes. If the suspect is not physically present to dispute the consent, a co-tenant may subsequently consent to a search of the premises.
]]> Thu, 14 Jun 2012 13:51:01 GMT <![CDATA[United States v. Stubblefield, et al. — Sixth Circuit Court of Appeals (Michigan, Kentucky, Ohio, Tennessee), June 19, 2012]]> Question: (1) Does a peace officer’s use of a drug-detection dog prolong the time necessary to complete a traffic stop? (2) Can a dog’s reliability be established so that his positive alert is sufficient probable cause to search? (3) Does a drug-detection dog’s alert allow a peace officer to search anywhere in the vehicle? (4) May a peace officer arrest a suspect based on what’s discovered during the search, even if the evidence has no relation to the drug-detection dog’s alert?

Quick answer: (1) No, in most cases, but it also depends on the facts and circumstances of the traffic stop. (2) Yes, an officer’s testimony as to a dog’s training and certification may establish the reliability of the dog. (3) Yes, under current federal law, a drug-detection dog’s alert provides probable cause to search every part of the vehicle and all containers within it. (4) Yes, if the officer has knowledge and reasonably trustworthy information to believe that the suspect has committed a crime.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[United States v. Williams —Second Circuit Court of Appeals (Connecticut, New York, Vermont), May 17, 2012]]> Question: Does a peace officer violate the Fifth Amendment when he briefly questions a suspect on the scene and later gives Miranda warnings before questioning at the officer’s station?

Quick answer: It depends on the totality of the evidence surrounding the questioning.

]]> Fri, 13 Jul 2012 00:00:00 GMT <![CDATA[Williams v. Commonwealth of Kentucky - Kentucky Supreme Court Nov. 23, 2011]]> Question: Can you find reasonable suspicion to stop and frisk a suspect based on his association with others who are committing a crime?   
           
Quick answer: Yes. You may do so as long as you are not relying solely on the suspect’s association with others.
]]> Thu, 01 Mar 2012 14:36:12 GMT <![CDATA[State v. Quinn — Twelfth District Court of Appeals (Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, and Warren counties), July 9, 2012]]> Questions: (1) Does a peace officer need to get a warrant to search a suspect’s garbage left in an alley for collection? (2) Can an officer establish probable cause for a warrant from complaints about drug activity and the contents found during a trash-pull? (3) Is a “search all persons on the premises” clause in a warrant invalid?

Quick answers: (1) No, garbage that is voluntarily left in a public area for collection is not protected under U.S. or Ohio search and seizure laws. (2) Yes, probable cause could be based independently on the contents found during a trash-pull, but it could not be based solely on uncorroborated complaints about drug activity. (3) It depends. If there is probable cause to support a search of every person on the premises, then the clause isn’t invalid.
 

]]> Mon, 20 Aug 2012 00:00:00 GMT <![CDATA[State v. Sweeney — Eighth District Court of Appeals (Cuyahoga County), July 12, 2012]]> Question: Once the premises are secure, can a peace officer further detain an individual because he is a patron at a bar known for gun violence and drug activity?
 
Quick answer: No, not without any particularized suspicion that the individual was engaged in criminal activity.
]]> Mon, 20 Aug 2012 00:00:00 GMT <![CDATA[State v. Butler, State v. Pickens — Fifth District Court of Appeals]]> Question: Can a peace officer stop a vehicle based on a police dispatch that is later is shown to be a mistake-of-fact in identity?
 
Quick answer: Yes, because information received from a police broadcast is an official communication that’s considered trustworthy.
]]> Mon, 20 Aug 2012 00:00:00 GMT <![CDATA[U.S. v. Whitley — Tenth Circuit Court of Appeals (Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming), June 1, 2012 ]]> Question: Can a peace officer stop a vehicle when there has been no traffic violation and the officer is relying solely on another peace officer’s finding of suspicion?
 
Quick answer:  Yes, under the collective knowledge doctrine, an officer can stop a vehicle so long as another officer requesting the stop has at least reasonable suspicion that the suspect is involved in criminal activity.]]> Mon, 20 Aug 2012 00:00:00 GMT <![CDATA[U.S. v. Robbins — Eighth Circuit Court of Appeals (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota), June 29, 2012]]> Question: If an officer enters the fenced-in, intimate area of a home to perform a public safety check and instead uncovers drug activity, will the drug evidence be suppressed?

Quick answer: No, as long as the intrusion onto the property is limited, is done for a legitimate purpose, and isn’t done with the intent of uncovering criminal activity.]]> Mon, 20 Aug 2012 00:00:00 GMT <![CDATA[U.S. v. Archibald, et. al. — Sixth Circuit Court of Appeals (Michigan, Kentucky, Ohio, Tennessee), July 11, 2012]]> Questions: (1) Does probable cause to search an apartment go stale when a peace officer waits to get a warrant a few days after the officer has a confidential informant (CI) buy drugs? (2) Is a search warrant invalid if it’s not executed until several days after a magistrate issues it?
 
Quick answers: (1) No, not if the facts and circumstances of the case show that, when the warrant is issued, there is still a fair probability that drugs and other incriminating evidence are located at the place to be searched. (2) Yes, so long as the reason for the delay is reasonable and no circumstances have changed between the time the warrant was issued and its later execution.]]> Mon, 20 Aug 2012 00:00:00 GMT <![CDATA[U.S. v. Rashawn Gill — Sixth Circuit Court of Appeals (Michigan, Kentucky, Ohio Tennessee), July 17, 2012]]> Question: Can a peace officer arrest a suspect if the officer establishes probable cause based solely on information from a confidential informant (CI)?
 
Quick answer: Yes, as long as the CI’s information is corroborated, the officer may arrest the suspect without personally witnessing any crime.]]> Mon, 20 Aug 2012 00:00:00 GMT <![CDATA[OPOTA courses help law enforcement satisfy mandatory human trafficking training requirements]]>  
To help law enforcement agencies satisfy the requirement, the Attorney General’s Ohio Peace Officer Training Academy offers courses that assist officers in identifying the crime, recognizing and protecting the rights of victims, and collaborating with non-governmental and social service organizations to help victims.]]> Mon, 20 Aug 2012 00:00:00 GMT <![CDATA[Consider a Crime Scene Investigation Refresher Course]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[BCI can reimburse costs related to sex offender extradition]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[State v. Browning — Ninth District Court of Appeals, (Lorain, Medina, Summit, and Wayne), Sept. 5, 2012]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[State v. Bonham — Fifth District Court of Appeals, Aug. 28, 2012]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[State v. Jackson — Ninth District Court of Appeals, (Lorain, Medina, Summit, and Wayne), Aug. 22, 2012]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[U.S. v. Duenas — Ninth Circuit Court of Appeals (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington), Aug. 16, 2012]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[U.S. v. Harrison — Third Circuit Court of Appeals (Delaware, New Jersey, Pennsylvania), August 7, 2012]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[U.S. v. Scott — Sixth Circuit Court of Appeals (Ohio, Tennessee, Michigan, Kentucky), Sept. 10, 2012]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[Hagans v. Franklin County Sheriff’s Office — Sixth Circuit Court of Appeals (Ohio, Tennessee, Michigan, Kentucky), Aug. 23, 2012 ]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[Law Enforcement Conference offers great training, networking opportunities]]> Thu, 13 Sep 2012 00:00:00 GMT <![CDATA[Law change affects possession of drug paraphernalia]]> Thu, 13 Sep 2012 16:27:36 GMT <![CDATA[United States v. Lyons — Sixth Circuit Court of Appeals (Ohio, Tennessee, Michigan, Kentucky)]]> Question: Can peace officers rely on probable cause based on information from Drug Enforcement Administration (DEA) agents if their own pretextual reason to stop falls through?

Quick Answer: Yes, officers may rely on probable cause based on information obtained by fellow officers or DEA agents in order to conduct a stop even if the officers’ pretextual reason to make the stop falls through.
 

]]> Thu, 13 Sep 2012 00:00:00 GMT <![CDATA[United States v. Sharp — Sixth Circuit Court of Appeals (Ohio, Tennessee, Michigan, Kentucky)]]> Question: If a narcotics detection dog jumps through an open window and sniffs the inside of a car, does that amount to a search that would violate the Fourth Amendment?

Quick Answer: No, if a trained canine instinctively jumps into a car without officers’ encouragement or facilitation and sniffs the inside of the car, there is no Fourth Amendment violation.
 

]]> Thu, 13 Sep 2012 00:00:00 GMT <![CDATA[United States v. Voustianiouk — Second Circuit Court of Appeals (Connecticut, New York, Vermont)]]> Question: When a magistrate judge grants a search warrant of a specific apartment, can officers expand that search to other nearby apartments?

Quick Answer: No, when officers enter an apartment not specified in a search warrant without additional probable cause, it is an unconstitutional search because they knowingly stepped beyond the bounds of the search they were authorized to conduct.
 

]]> Thu, 13 Sep 2012 00:00:00 GMT <![CDATA[State v. Wilcox — Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, and Montgomery counties)]]> Question: May peace officers detain any passenger of a car while they write a citation for the driver?
 
Quick Answer: No, officers can’t detain passengers at a traffic stop unless they have some reasonable, articulable basis for doing so.]]> Thu, 13 Sep 2012 00:00:00 GMT <![CDATA[State v. Hammen — Fifth District Court of Appeals]]> Question: Is “pacing” a car an acceptable manner for determining speed?

Quick Answer: Yes, pacing is an acceptable manner for determining speed when a peace officer can base a car’s speed on his own perception and on years of experience and training in checking speed and pacing.
 

]]> Thu, 13 Sep 2012 00:00:00 GMT <![CDATA[State v. Walker — Eleventh District Court of Appeals (Ashtabula, Geauga, Lake, Portage, and Trumbull counties), July 23, 2012]]> Question: If an officer stops a car for failing to properly display a license plate, does his justification for the stop end once he gets close enough to the car to decipher the numbers on a temporary license tag hanging in the window?

Quick Answer: No, officers may detain the occupants for a period of time sufficient to run a computer check on the driver’s license, registration, and vehicle plates and to issue the driver a warning or citation.
 

]]> Thu, 13 Sep 2012 00:00:00 GMT <![CDATA[In re J.S. — Twelfth District Court of Appeals (Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, and Warren counties), Aug. 6, 2012]]> Question: Are juveniles treated the same as adults when determining custody under Miranda?

Quick Answer: No. There is a heightened sensitivity to questioning juveniles, so you should be more careful about giving Miranda warnings sooner.
 

]]> Thu, 13 Sep 2012 00:00:00 GMT <![CDATA[State v. Elliott — Seventh District Court of Appeals (Belmont, Carroll, Columbiana, Harrison, Jefferson, Mahoning, Monroe, and Noble counties), July 11, 2012]]> Question: May a peace officer prolong the length of the traffic stop beyond the time necessary to issue a citation for a broken headlight in order to wait for the K-9 unit to arrive?

Quick Answer: No, an officer may only extend a traffic stop if there is reasonable suspicion. Otherwise, the officer must conduct a K-9 sniff of the vehicle during the time required to effectuate the original purpose of the stop.
 

]]> Thu, 13 Sep 2012 00:00:00 GMT <![CDATA[Hensley v. Gassman — Sixth Circuit Court of Appeals (Kentucky, Michigan, Ohio, Tennessee), Sept. 11, 2012 ]]> Question: Can officers’ participation in the repossession of a car lead to a Fourth Amendment violation?

Quick Answer: Yes, if there is no apparent legal basis for a repossession, officers violate the Fourth Amendment by taking an active role in a private repossession.]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[U.S. v. Navedo — Third Circuit Court of Appeals (Delaware, New Jersey, Pennsylvania), Sept. 12, 2012]]> Question: Do officers have reasonable suspicion to stop and question a suspect if they observe him looking at a gun followed by the suspect’s flight away from the officers, and does that justify the officers’ warrantless entry into his apartment, where the firearms were seized?

Quick Answer: No, without some other indicia of wrongdoing, mere unprovoked flight from the approaching officers does not support probable cause to arrest.]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[United States v. Snard — Third Circuit Court of Appeals (Delaware, New Jersey, Pennsylvania), Sept. 21, 2012]]> Question: Was a search under box springs and a mattress permissible under the protective sweep doctrine?

Quick Answer: Yes, a protective sweep can extend to looking under a mattress because it is a common hiding place.]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[United States v. Griffin — Eleventh Circuit Court of Appeals (Alabama, Florida and Georgia), Oct. 2, 2012]]> Question: Does a valid stop and frisk become unreasonable under the Fourth Amendment when an officer asks some brief questions that are unrelated to the reason for the stop and the purpose of the frisk?

Quick Answer: No, as long as the unrelated questions are brief and do not prolong the stop.]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[State v. Wade — Ninth District Court of Appeals (Lorain, Medina, Summit, Wayne), Sept. 19, 2012]]> Question: If no occupant of a car has access to the vehicle, are officers still able to rely on concerns relating to safety and destruction of evidence to conduct a limited search?

Quick Answer: If the occupants will be allowed to return to the vehicle, a limited search is a reasonable protective measure because the occupants could regain immediate control of a weapon once back in the car.]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[State v. Wilcox — Fifth District Court of Appeals, Sept. 25, 2012]]> Question: Does an illegal seizure take place if peace officers instruct a suspect to put her purse on the hood of the vehicle, and does an illegal search take place when they look inside it after a K-9 unit alerts to it?

Quick Answer: No, instructing a suspect to put a purse on the hood of a car is not a search. And when an officer is reasonably diligent in conducting a stop, an alert by a K-9 is not unconstitutional.]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[State v. Whitten — Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, Montgomery), Sept. 28, 2012]]> Question: May an officer remove a package from a suspect’s clothing based on an assumption that it contains contraband?  

Quick Answer: Yes, if it appears to be a weapon or if the suspect admits that it is contraband.
 ]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[State v. Luong — Twelfth District Court of Appeals (Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble), Oct. 1, 2012]]> Question: Did firefighters and peace officers have an objective, reasonable belief that an immediate entry into the residence was necessary in order to protect any persons or property or to prevent the destruction of evidence inside?

Quick Answer: Yes, if exigent circumstances exist, such as a need to protect life and property and to prevent the imminent destruction of evidence, peace officers may enter a suspect’s residence without a search warrant.

 ]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[State v. Rogers — Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, Montgomery), Oct. 12, 2012]]> Question: Did officers illegally expand the scope and duration of an original traffic stop when they asked a suspect to talk with them without first advising him that he could refuse.

Quick Answer: Yes, once the reason for the traffic stop ended, officers detained the suspect illegally, thereby tainting his ability to consent.]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[Knowing How to Investigate Common Scams May Reveal Actual Crimes]]> Mon, 26 Nov 2012 00:00:00 GMT <![CDATA[Trending in the Courts]]> Tue, 18 Dec 2012 00:00:00 GMT <![CDATA[State v. Platt — Twelfth District Court of Appeals (Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, and Warren counties), Nov. 13, 2012]]> 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.]]> Tue, 18 Dec 2012 00:00:00 GMT <![CDATA[State v. Miller — Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, and Montgomery counties), Nov. 9, 2012]]> 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.]]> Tue, 18 Dec 2012 00:00:00 GMT <![CDATA[State v. Powell — Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, and Montgomery counties), Nov. 2, 2012]]> 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.]]> Tue, 18 Dec 2012 00:00:00 GMT <![CDATA[State v. Roberson — Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, and Montgomery counties), Nov. 2, 2012]]> 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.]]> Tue, 18 Dec 2012 00:00:00 GMT <![CDATA[State v. Garcia — Eighth District Court of Appeals (Cuyahoga County), Nov. 1, 2012]]> 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.]]> Tue, 18 Dec 2012 00:00:00 GMT <![CDATA[Campbell v. City of Springboro — Sixth Circuit Court of Appeals (Michigan, Kentucky, Ohio, Tennessee), Nov. 29, 2012]]> 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.]]> Tue, 18 Dec 2012 00:00:00 GMT <![CDATA[United States v. Oehne — Second Circuit Court of Appeals (Connecticut, New York, Vermont), Oct. 25, 2012]]> 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.]]> Tue, 18 Dec 2012 00:00:00 GMT <![CDATA[United States v. Smith — Seventh Circuit Court of Appeals (Illinois, Indiana, Wisconsin), Oct. 4, 2012]]> 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.]]> Tue, 18 Dec 2012 00:00:00 GMT <![CDATA[AG Encourages Collaboration on School Safety Measures]]> Wed, 19 Dec 2012 00:00:00 GMT <![CDATA[State v. Gardner, Ohio Supreme Court, Dec. 6, 2012]]> Question: Can a suspect’s outstanding arrest warrant justify a stop-and-frisk if the peace officer didn’t know about the warrant at the time of the stop?
 
Quick answer: No.]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[U.S. v. Collins, Eighth Circuit Court of Appeals (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota), Nov. 14, 2012]]> Question: Is a person’s consent to search coerced, and therefore invalid, when peace officers warn the person of the legal consequences of refusing to cooperate?
 
Quick answer: No.]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[U.S. v. Coleman, Eighth Circuit Court of Appeals (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota), Nov. 8, 2012]]> Question: Can a peace officer search every part of a motor home when the home’s owner tells the officer that drugs are located only in the front part of the home?
 
Quick answer: Yes, under the automobile exception. Officers also may conduct a limited “protective sweep.” ]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[State v. Ortega, Third District Court of Appeals, Dec. 17, 2012]]> Question: Have a suspect’s rights been violated when the suspect only hears an officer issue Miranda warnings to other people in the next room?
 
Quick answer: No, as long as an officer personally confirms that the suspect heard and understood those rights.]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[State v. Newsome, Eleventh District Court of Appeals (Ashtabula, Geauga, Lake, Portage, and Trumbull), Dec. 10, 2012]]> Question: Can a peace officer request that a driver perform field sobriety tests based solely on the driver’s admission to consuming alcohol?
 
Quick answer: No, not without other indicia of drunk driving.]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[Cleveland v. Lynch, Eighth District Court of Appeals (Cuyahoga), Dec. 6, 2012]]> Question: If peace officers make a warrantless entry into a suspect’s home for a traffic offense even though they didn’t see the offense and don’t have a reasonable belief that the suspect is injured, have they violated the Fourth Amendment?
 
Quick answer: Yes.]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[State v. Thomas, Third District Court of Appeals, Dec. 3, 2012]]> Question: Can peace officers use information from several years ago to obtain a search warrant?
 
Quick answer: Yes, as long as the officers show in the warrant affidavit that the information is part of an ongoing criminal investigation.]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[State v. Jackson, Fifth District Court of Appeals, Nov. 29, 2012]]> Question: Can peace officers search a parolee’s home without a warrant?
 
Quick answer: Yes, but only if a parole officer has requested peace officer assistance and reasonable grounds exist to conduct the search.]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[Course helps law enforcement, schools partner for safety]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[Big Picture Issue: Consent ]]> This is part of an occasional series of articles on broad law enforcement topics.

Consent is one of the most important exceptions to the search warrant requirement because it requires no level of suspicion. An officer can ask any person for consent to search a home, car, or container over which that the person has authority. In its broadest sense, consent is the voluntary agreement of one person to let another person do something. ]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[Survey, eOPOTA course address sexual assault issues]]> Mon, 14 Jan 2013 00:00:00 GMT <![CDATA[State v. Vaughn, Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, Montgomery), Dec. 31, 2012]]> Question: Can a peace officer search a suspect without probable cause when another officer present has probable cause to do so?
 
Quick Answer: No, unless the officer with probable cause ordered the search or communicated his knowledge to the searching officer.]]> Fri, 15 Feb 2013 00:00:00 GMT <![CDATA[State v. Leet, Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, Montgomery), Dec. 28, 2012]]> Question: If a suspect waives his Miranda rights during an interrogation, can law enforcement use his incriminating statements against him up to the point that he requests an attorney?
 
Quick Answer: Yes, unless the suspect demonstrates that he never understood his rights in the first place.]]> Fri, 15 Feb 2013 00:00:00 GMT <![CDATA[State v. Miller, Fifth District Court of Appeals, Dec. 26, 2012]]> Question: Can a peace officer make a traffic stop if the officer hears the suspect revving his car engine at a stop light and then believes the car is speeding based on a visual estimation?
 
Quick Answer: No, these are not specific, articulable facts that criminal activity is afoot.]]> Fri, 15 Feb 2013 00:00:00 GMT <![CDATA[State v. Price, Sixth District Court of Appeals (Erie, Fulton, Huron, Lucas, Ottawa, Sandusky, Williams, and Wood), Jan. 18, 2013]]> Questions: (1) May a peace officer search a car incident to arrest even though the recent occupants of the car are handcuffed and sitting in the back of the officer’s vehicle? (2) May the officer search the trunk of the car without a warrant even though the officer could secure the car and go get a warrant?
 
Quick Answers: (1) Yes, but only if the officer has reason to believe that the car contains evidence relevant to the arrested occupants’ crimes. (2) Yes, if the officer has probable cause to believe that the trunk contains evidence of a crime, the automobile exception permits a warrantless search.]]> Fri, 15 Feb 2013 00:00:00 GMT <![CDATA[State v. Frazier, Third District Court of Appeals, Jan. 22, 2013]]> Question: Can peace officers collect a suspect’s DNA after he has requested an attorney during questioning at the officers’ station?
 
Quick Answer: Yes, but only if the suspect voluntarily consents to providing the sample.]]> Fri, 15 Feb 2013 00:00:00 GMT <![CDATA[Steps can help limit civil liability]]> Fri, 15 Feb 2013 00:00:00 GMT <![CDATA[Identity Theft Victims Turn to Law Enforcement, New Program ]]> Wed, 20 Mar 2013 00:00:00 GMT <![CDATA[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.”]]> Wed, 20 Mar 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Mar 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Mar 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Mar 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Mar 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Mar 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Mar 2013 00:00:00 GMT <![CDATA[State v. Carr, Eleventh District Court of Appeals (Ashtabula, Geauga, Lake, Portage, Trumbull counties), March 4, 2013]]> Question: Can a peace officer have a suspect’s blood drawn without consent or a warrant in order to collect evidence of a crime?

 
Quick Answer: Yes, but only if there’s probable cause to arrest and exigent circumstances exist, which strongly depends on the facts and circumstances. ]]> Mon, 15 Apr 2013 00:00:00 GMT <![CDATA[State v. Rich, Twelfth District Court of Appeals (Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble, Warren counties), March 11, 2013]]> Question: Do peace officers violate the Fourth Amendment by attaching (and monitoring) a GPS device to a confidential informant’s rented vehicle that’s driven by a suspect?
 
Quick Answer: No, if the GPS was placed on the vehicle before the suspect took possession of it.]]> Mon, 15 Apr 2013 00:00:00 GMT <![CDATA[State v. Lockett, Seventh District Court of Appeals (Belmont, Carroll, Columbiana, Harrison, Jefferson, Mahoning, Monroe, Noble counties), March 8, 2013]]> Question: Must a peace officer determine the victim and the aggressor of a fight before detaining and frisking the parties involved?
 
Quick Answer: No, as long as the officer has reasonable suspicion to believe that a fight has occurred.]]> Mon, 15 Apr 2013 00:00:00 GMT <![CDATA[U.S. v. Kinison, U.S. Sixth Circuit Court of Appeals, March 19, 2013]]> Question: Can a sparsely written warrant affidavit support a finding of probable cause?
 
Quick Answer: Yes, because there is no set number of criteria for establishing probable cause.]]> Mon, 15 Apr 2013 00:00:00 GMT <![CDATA[Florida v. Jardines, U.S. Supreme Court, March 26, 2013]]> Question: Can peace officers use a drug-detection dog when entering the curtilage of a person’s home?
 
Quick Answer: No. It’s unconstitutional to approach the curtilage of a home with any law enforcement tool with the intent to investigate for evidence of a crime.
 ]]> Mon, 15 Apr 2013 00:00:00 GMT <![CDATA[Sovereign Citizen Encounters: What Officers Should Know]]> Mon, 15 Apr 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[AG provides districts with school safety videos]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[Workshops Cover Tools, Trends in Fraud Investigations]]> Wed, 15 May 2013 00:00:00 GMT <![CDATA[Safe Neighborhoods Initiative targets gun violence]]> Wed, 19 Jun 2013 00:00:00 GMT <![CDATA[Fee reduced for School Safety/Crisis Management Conference]]> Wed, 17 Jul 2013 00:00:00 GMT <![CDATA[Maryland v. King, U.S. Supreme Court, June 3, 2013]]> Wed, 19 Jun 2013 00:00:00 GMT <![CDATA[Smith v. Stoneburner, U.S. Sixth Circuit Court of Appeals, May 10, 2013]]> Quick Summary: This case should be a must-read for officers trying to understand how courts view — sometimes skeptically — an officer’s actions that intrude on individual liberty. Although this case turns on the complex legal question of qualified immunity, it is a candid view of how courts seek to protect individual liberty from undue police intrusion.]]> Wed, 19 Jun 2013 00:00:00 GMT <![CDATA[United States v. Siler, U.S. Sixth Circuit Court of Appeals, May 15, 2013]]> Question: Can an officer use false threats or promises of leniency to secure a confession from a suspect?
 
Quick Answer: No. The Sixth Circuit said the interrogation in this case “presents a stark example of police impropriety and deplorable interrogation techniques.” This is a good read on how not to get a confession.]]> Wed, 19 Jun 2013 00:00:00 GMT <![CDATA[State v. Howard, Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami and Montgomery counties), May 24, 2013.]]> Question: Can an officer open a small container found during a pat-down that he suspects may contain razor blades.
 
Quick answer: No. An officer’s mere hunch that a small container may contain razor blades is insufficient.]]> Wed, 19 Jun 2013 00:00:00 GMT <![CDATA[State v. Cruz, Eighth District Court of Appeals (Cuyahoga County), May 9, 2013]]> Question: Can officers search a vehicle that leaves a premises that they have a warrant to search?
 
Quick Answer: No. A search warrant is limited to the immediate premises it describes.]]> Wed, 19 Jun 2013 00:00:00 GMT <![CDATA[State v. Taylor, Ninth District Court of Appeals (Lorain, Medina, Summit and Wayne counties), May 20, 2013 ]]> Question: Is physical control a lesser-included offense of an over-the-limit OVI?
 
Quick Answer: No.]]> Wed, 19 Jun 2013 00:00:00 GMT <![CDATA[Trainings help officers speak to and for abused children]]> Wed, 19 Jun 2013 00:00:00 GMT <![CDATA[Conference focuses on officer safety, wellness]]> Wed, 17 Jul 2013 00:00:00 GMT <![CDATA[Tailor the topics and timing of our emails to you]]> www.OhioAttorneyGeneral.gov/EmailUpdates.  ]]> Wed, 17 Jul 2013 00:00:00 GMT <![CDATA[State v. Steele, Ohio Supreme Court]]> Question: Can an officer be criminally prosecuted for abduction when he detains a person he does not suspect of criminal wrongdoing?
 
Quick answer: Yes, absolutely.]]> Wed, 17 Jul 2013 00:00:00 GMT <![CDATA[State v. George, Fourth District Court of Appeals, June 14, 2013 / State v. Atkins, Fifth District Court of Appeals, June 7, 2013 / State v. Hahn, Fifth District Court of Appeals, June 3, 2013]]> Question: When can you rely on a tip to make a stop?
 
Quick answer: These three cases highlight the most basic issues that come up in a tip-based stop: identifying whether the suspect is an “identified citizen informant” or a “known” or “anonymous” informant.]]> Wed, 17 Jul 2013 00:00:00 GMT <![CDATA[State v. Jennings, Tenth District Court of Appeals (Franklin County)]]> Question: Can an officer generate reasonable suspicion to stop based on many factors that, standing alone, would not create reasonable suspicion?
 
Quick Answer: Yes, that’s why it’s called “totality” of all the circumstances; you have to look at every permissible factor.]]> Wed, 17 Jul 2013 00:00:00 GMT <![CDATA[Ashland v. McClain, Fifth District Court of Appeals]]> Question: Can you pat down and search someone you place in your cruiser for the sole purpose of convenience?
 
Quick answer: No.]]> Wed, 17 Jul 2013 00:00:00 GMT <![CDATA[State v. Bolds, Fifth District Court of Appeals]]> Question: When a plastic bag of drugs falls out during a pat-down, is it admissible?
 
Quick answer: Yes.]]> Wed, 17 Jul 2013 00:00:00 GMT <![CDATA[State v. Howard, Second District Court of Appeals]]> Question: Can officers search a car inside a detached garage if their search warrant allows them to search the “surrounding curtilage” of a house?
 
Quick answer: Yes.]]> Wed, 17 Jul 2013 00:00:00 GMT <![CDATA[Proper Protocol: State of Ohio v. Schneller]]> Question: Can you patrol in an unmarked police vehicle to enforce traffic laws?

Quick Answer: No.]]> Wed, 21 Aug 2013 00:00:00 GMT <![CDATA[Search and Seizure (People/Property): State of Ohio v. Mechling]]> Question: When eavesdropping on a suspect, do you have reasonable suspicion to conduct a search when you hear him deny having contraband?
 
Quick Answer: Probably not.]]> Wed, 21 Aug 2013 00:00:00 GMT <![CDATA[Search and Seizure (Electronic Search): State of Ohio v. Lemasters]]> Question: Can you obtain Internet files from a third-party provider with an investigative subpoena even though the Electronic Communications Privacy Act (ECPA) requires a court order or warrant?
 
Quick Answer: Yes, but only if the suspect is not entitled to a reasonable expectation of privacy based on his conduct. Otherwise, a warrant or court order is required.]]> Wed, 21 Aug 2013 00:00:00 GMT <![CDATA[Search and Seizure (Vehicles): State of Ohio v. White]]> Question: Can you continue to detain an individual after a routine traffic stop if you have a hunch the person has engaged in illegal activity?
 
Quick Answer: Depends. You may detain an individual after a routine traffic stop only if you have a reasonable, articulable suspicion that criminal activity is occurring. If you detain someone longer than necessary, it may not matter whether he gave consent to a search.]]> Wed, 21 Aug 2013 00:00:00 GMT <![CDATA[Interrogations: State of Ohio v. Tullis]]> Question: Do you have to give Miranda warnings to suspects who voluntarily come to the police station for an interview, but who are not in custody?
 
Quick Answer: No, Miranda is only required for custodial interrogation.]]> Wed, 21 Aug 2013 00:00:00 GMT <![CDATA[Sessions Focus on Unsolved Homicide Investigations]]>  
Offered as part of the office’s Ohio Unsolved Homicide Initiative and led by the Bureau of Criminal Investigation (BCI), the Unsolved Homicide Investigative Strategies and Resources sessions are Sept. 25–26 in Richfield and Nov. 12–13 in Bowling Green. Earlier sessions were held in Cincinnati and Athens.]]> Wed, 21 Aug 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 18 Sep 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 18 Sep 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 18 Sep 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 18 Sep 2013 00:00:00 GMT <![CDATA[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.” ]]> Wed, 18 Sep 2013 00:00:00 GMT <![CDATA[Organized Crime Not Unique to Big Cities]]> Wed, 18 Sep 2013 00:00:00 GMT <![CDATA[Traffic Stops (Turn Signals on, but no Turn is Made): State of Ohio v. Coyle]]> Question: Do you have reasonable suspicion to pull a car over when the signal is on for 10 seconds, but the car does not turn?
 
Quick Answer: No.]]> Wed, 16 Oct 2013 00:00:00 GMT <![CDATA[OVI Tests (Impact of a Lip Ring): State of Ohio v. Gibbs]]> Question: Can you have an OVI suspect perform a breath test with a lip ring in the mouth?
 
Quick Answer: Yes, if the lip ring was not inserted in the mouth/lip less than 20 minutes before the test.]]> Wed, 16 Oct 2013 00:00:00 GMT <![CDATA[Miranda and Confessions (Confession by Individual with Mild Mental Retardation): State of Ohio v. Noles]]> Question: When you ask an individual with mild mental retardation questions and he confesses to a crime, is that a legitimate confession and did you need to give him Miranda warnings?
 
Quick Answer: A confession is legitimate if it is voluntary and you can show the individual understood the situation and consequences of making the confession. As you know, Miranda only needs to be given in situations in which the individual is in custody. In this type of situation, the individual needs to understand he is not in custody.]]> Wed, 16 Oct 2013 00:00:00 GMT <![CDATA[Proper Protocol (How to Weigh Marijuana): State of Ohio v. Flachbart]]> Question: If you find a brick of marijuana, what parts of the plant are accounted for in the final weight?
 
Quick Answer: Anything contained in the marijuana brick can be weighed if that was the way you received it.]]> Wed, 16 Oct 2013 00:00:00 GMT <![CDATA[Search and Seizure (Scent of Marijuana is Reasonable Suspicion): State of Ohio v. Harris and State of Ohio v. Green ]]> Question: If you smell marijuana while at a suspect’s home or vehicle, do you have probable cause for a search?
 
Quick Answer: Yes.]]> Wed, 16 Oct 2013 00:00:00 GMT <![CDATA[The “Reality” of Cold Cases]]> Wed, 16 Oct 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Nov 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Nov 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Nov 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Nov 2013 00:00:00 GMT <![CDATA[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.]]> Wed, 20 Nov 2013 00:00:00 GMT <![CDATA[Brimfield Township Police Tally More Than 91,000 Facebook Followers]]> Wed, 20 Nov 2013 00:00:00 GMT <![CDATA[Proper Protocol (Marking an Arrest): State of Ohio v. Gordon]]> Question: Have you made a valid arrest even though the prosecutor does not charge the suspect with the crime you arrested him for because the facts ultimately do not support the arrest?
 
Quick Answer: Yes, if the officer believes at the time of the arrest there is probable cause criminal activity is occurring.]]> Wed, 18 Dec 2013 00:00:00 GMT <![CDATA[Search of Vehicles (Fruit of the Poisonous Tree): State of Ohio v. Thompson and State of Ohio v. Sarno]]> Question: If your search and seizure of a suspect has been determined invalid, is the evidence you found still able to be used for a conviction?
 
Quick Answer: No, if the evidence is “fruit of the poisonous tree.”]]> Wed, 18 Dec 2013 00:00:00 GMT <![CDATA[Investigations (Circumstantial Evidence): State of Ohio v. Ruppert and State of Ohio v. Carver]]> Question: Is circumstantial evidence enough to arrest someone when there is no hard evidence that the person committed a crime?
 
Quick Answer: Yes, circumstantial evidence can be used when it is inferred from reasonable and justifiably connected facts to support a finding of criminal activity. ]]> Wed, 18 Dec 2013 00:00:00 GMT <![CDATA[Terry Stops (Blocking the Path of Exit): State of Ohio v. Goodloe]]> Question: Is the act of blocking a path of exit to a suspect a minimally intrusive Terry stop or a seizure?
 
Quick Answer: The act of blocking a suspect’s path of exit constitutes a seizure, unless a reasonable person would believe he was free to leave.]]> Wed, 18 Dec 2013 00:00:00 GMT <![CDATA[Interrogations (Secret Recordings and Privacy Rights): State of Ohio v. Williams]]> Question: Do suspects have a right to privacy in a law enforcement interrogation room?
 
Quick Answer: Typically no, but if a recording device is hidden and a reasonable person would believe the room was not monitored, the suspect may have an expectation of privacy.]]> Wed, 18 Dec 2013 00:00:00 GMT <![CDATA[Stress Management isn’t a Luxury in Law Enforcement; It’s Vital]]> Wed, 22 Jan 2014 00:00:00 GMT <![CDATA[Traffic Stops (Stops Outside Jurisdictional Limit): State of Ohio v. Brown]]> Question: Is there a penalty for pulling someone over for a misdemeanor traffic violation outside of your jurisdiction?
 
Quick Answer: Technically yes, however, for evidence to be excluded, the stop must be in violation of the individual’s constitutional rights.]]> Wed, 22 Jan 2014 00:00:00 GMT <![CDATA[Search of Property (Warrant Particularity Requirement): State of Ohio v. Baro]]> Question: If you want to search multiple open booths in a flea market, how many warrants do you need?
 
Quick Answer: One warrant is needed if all of the booths are contained in a single-use, single-story building.]]> Wed, 22 Jan 2014 00:00:00 GMT <![CDATA[Electronic Surveillance (GPS and the Exclusionary Rule): State of Ohio v. Sullivan]]> Question: If you have obtained the location of a suspect through GPS and a cell phone, does the cell phone evidence get suppressed if it is determined the GPS evidence was improperly obtained?
 
Quick Answer: No. If the cell phone data was properly obtained under a warrant and supported by independent evidence, it will not be suppressed.]]> Wed, 22 Jan 2014 00:00:00 GMT <![CDATA[Proper Protocol (Photo Arrays): State of Ohio v. Hudson]]> Question: Is a photo array unduly suggestive if all of those pictured do not look similar to the suspect?
 
Quick Answer: No. Photo arrays are not required to contain photos of people who look identical to the suspect, but should be based on the description given by the witness.]]> Wed, 22 Jan 2014 00:00:00 GMT <![CDATA[Search and Seizure of Property and Vehicles (Probable Cause to Stop): State of Ohio v. Jarosz]]> Question: Is an officer’s “pacing” of a vehicle sufficient to create reasonable suspicion to stop the vehicle for speeding?
 
Quick Answer: Yes, but only if the officer can show that he maintained a constant distance between vehicles for a sufficient amount of time.]]> Wed, 19 Feb 2014 00:00:00 GMT <![CDATA[Search and Seizure of People (Second Pat-Down): State of Ohio v. Dunlap]]> Question: Can you pat down a suspect a second time based on his behavior following the first pat-down?
 
Quick Answer: A suspect may be patted down a second time if he continues to act suspiciously, even after a previous pat-down was performed and nothing was found.]]> Wed, 19 Feb 2014 00:00:00 GMT <![CDATA[Investigations and Interrogations (Reliance on Informants): In re B.A.R.]]> Question: Is an anonymous informant’s tip enough to create the reasonable suspicion necessary to stop a suspect, even without corroborating evidence?
 
Quick Answer: Usually, no. But when the officer has significant reason to believe the informant is genuinely concerned and credible, a court might treat the informant like an identified citizen and ignore the lack of corroboration.]]> Wed, 19 Feb 2014 00:00:00 GMT <![CDATA[CIT Helps Those in Crisis, Enhances Community Safety]]> Wed, 19 Feb 2014 00:00:00 GMT <![CDATA[Search and Seizure (Reasonable Suspicion): State of Ohio v. Robinson]]> Question: When you stop someone based on an unreliable tip, can you use evidence from the stop to get a search warrant for the driver’s house?
 
Quick Answer: No. You can only stop a car if you have reasonable suspicion, and reasonable suspicion can’t be based on an unreliable tip. If the stop is no good, you can’t use evidence found during the stop to get a warrant. Anything the warrant turns up is “fruit of the poisonous tree.” 
State v. Robinson, Ninth Appellate District, Summit County, Feb. 19, 2014]]> Mon, 24 Mar 2014 00:00:00 GMT <![CDATA[Proper Protocol (Scope of Warrants): State of Ohio v. Zwick]]> Question: If you get a warrant to search computers for child pornography but only find instant message chat logs detailing sexual activity with a minor, do those logs fall under the scope of your warrant?

Quick Answer: Maybe. Because the instant message chat logs detailing sexual activity with a minor were found on the computer, and a computer is normally where electronic pornography would be stored, seizing the chat records could have been within the scope of the warrant.
]]> Mon, 24 Mar 2014 00:00:00 GMT <![CDATA[Search and Seizure (Warrantless Searches): State of Ohio v. Harper]]> Question: If you don’t follow proper protocol when conducting an impound inventory, have you performed a warrantless search?
 
Quick Answer: Yes. If you don’t follow standard operating procedure for an inventory, a court may throw out any evidence you found.]]> Mon, 24 Mar 2014 00:00:00 GMT <![CDATA[Three Quick Tips to Improve Your Court Testimony]]> Mon, 24 Mar 2014 00:00:00 GMT <![CDATA[Traffic Stops (Turn Signal Violations): State of Ohio v. Smith]]> Question: Do you have reasonable suspicion to make a traffic stop if a driver fails to continuously signal 100 feet before a turn and claims he was unable to follow the law?
 
Quick Answer: Yes. Your observation that the driver violated the rule is enough. Any excuse the motorist has is something that can be considered a defense in court, but does not negate the fact the law was broken.]]> Wed, 16 Apr 2014 00:00:00 GMT <![CDATA[Search and Seizure (Unparticularized Suspicion): State of Ohio v. Boswell]]> Question: Can you stop an individual and conduct a search if you believe the person is up to no good?
 
Quick Answer: No, you have no right to stop people on a hunch. You must have a specific reason to believe the person is engaged in criminal activity.]]> Wed, 16 Apr 2014 00:00:00 GMT <![CDATA[Warrants (the Hot Pursuit Exception): State of Ohio v. Cross]]> Question: What is the “hot pursuit” exception, and when does it apply?  
 
Quick Answer: “Hot pursuit” lets you pursue a fleeing suspect into a home, without a warrant, if you have identified yourself as a law enforcement officer and are in actual pursuit of a suspect.]]> Wed, 16 Apr 2014 00:00:00 GMT <![CDATA[Tactical Aid Course Prepares You to Save Lives]]> Wed, 16 Apr 2014 00:00:00 GMT <![CDATA[Traffic Stops (Reasonable Duration): State of Ohio v. McCullough ]]> Question: Is it OK for you to hold a driver to wait for a canine search?
 
Quick Answer: Yes, you can conduct a canine search as long as the entire stop only lasts a “reasonable period of time” (about as long as it takes to write a ticket or run a computer search).]]> Fri, 23 May 2014 00:00:00 GMT <![CDATA[Search Warrants (Affidavits and Corroboration of Information): State of Ohio v. Bertloff ]]> Question: What do you need to state in an affidavit in support of a warrant when most of the information came from a confidential informant?
 
Quick Answer: When information comes from a confidential informant, you need to state how you corroborated the information and why the confidential informant is reliable.]]> Fri, 23 May 2014 00:00:00 GMT <![CDATA[Informants (Anonymous Tips): Navarette v. California]]> Question: Can you stop a vehicle based on an anonymous tip even though you personally did not see evidence of a crime?
 
Quick Answer: Yes, but only when the tip, based on the detail of the information and surrounding circumstances, is credible.]]> Fri, 23 May 2014 00:00:00 GMT <![CDATA[Human Relations and Law Enforcement]]> Fri, 23 May 2014 00:00:00 GMT <![CDATA[Miranda (Custodial Interrogation): Ohio v. Jones]]> Question: Do you need to give Miranda if a person voluntarily speaks to you and you inform him he is free to leave and not under arrest?
 
Quick Answer: No, unless the circumstances change and the conversation becomes a custodial interrogation.]]> Wed, 18 Jun 2014 00:00:00 GMT <![CDATA[Searches and Seizures of Vehicles (Abandoned Property): State of Ohio v. Warner]]> Question: Can you search a trunk of an “abandoned” vehicle without a warrant?
 
Quick Answer: Yes, if an individual intended to abandon the vehicle, through words or actions, he loses his right to privacy, and search without a warrant is proper.]]> Wed, 18 Jun 2014 00:00:00 GMT <![CDATA[Warrantless Search (Consent from Co-Occupants): Fernandez v. California]]> Fernandez changes the landscape of consensual searches in situations in which one co-tenant, who is present on the property, agrees and the other, who is not present, objects to the search.]]> Wed, 18 Jun 2014 00:00:00 GMT <![CDATA[Legal Review: Consensual Encounters to Terry Stops]]> Wed, 18 Jun 2014 00:00:00 GMT <![CDATA[Proper Protocol (Excessive Force): Shreve v. Franklin County]]> Question: Is using a Taser on an inmate who suffered a seizure and refused to comply with orders to be cuffed excessive force?                      
 
Quick Answer: Not if the facts surrounding the Taser use show that the inmate resisted assistance and created a legitimate safety concern for the officers.]]> Wed, 23 Jul 2014 00:00:00 GMT <![CDATA[Search Warrants (Cell Phone Pings): State of Ohio v. Taylor ]]> Question: Do you need a search warrant to request a suspect’s cell phone pings from the service provider?
 
Quick Answer: No. When a person voluntarily uses a cell phone, he has no expectation of privacy to the data voluntarily transferred to the service provider, such as a ping. As a result, you do not need a warrant to request this kind of information.]]> Wed, 23 Jul 2014 00:00:00 GMT <![CDATA[Search and Seizure (Warrantless Search of Cell Phones): Riley v. California and United States v. Wurie]]> Question: Can you search the data on an arrestee’s cell phone without a warrant?
 
Quick Answer: No, a warrant is generally required to search the data of a phone after arrest because of the amount and type of private, personal information stored on a modern phone.]]> Wed, 23 Jul 2014 00:00:00 GMT <![CDATA[A Quick Look: Criminal Gang Trends in Ohio]]> Wed, 23 Jul 2014 00:00:00 GMT <![CDATA[Register now for the AG’s Law Enforcement Conference]]> Fri, 12 Sep 2014 00:00:00 GMT <![CDATA[Traffic (OVI, Voluntary Collection and Storage of Bodily Fluids): Ohio v. Ossege]]> Questions: 1) Do you have to first inform a suspect that he can refuse to give a urine sample before his consent can be voluntarily given? 2) Is a sample considered compromised if you do not fill out the required information on the label?
 
Quick Answers: 1) No, informing the suspect he can refuse to give a sample is not a prerequisite to voluntary consent. It is, however, one of the factors a court will consider to determine the voluntariness of the consent. 2) No, the sample wouldn’t be compromised as long as other unique identifiers can link it to the suspect.]]> Fri, 12 Sep 2014 00:00:00 GMT <![CDATA[Search and Seizure (Forced Entry, Warrantless Search): Ohio v. Fisher]]> Question: Can you force entry into a residence, without a warrant, when you have identified suspects from past criminal incidents inside?
 
Quick Answer: No, unless there is an exception to the warrant requirement.]]> Fri, 12 Sep 2014 00:00:00 GMT <![CDATA[You play a huge role in school safety]]> Fri, 12 Sep 2014 00:00:00 GMT <![CDATA[Search and Seizure (Community Caretaking Exception): State v. Barzacchini; State v. Hendrix, and State v. Leveck]]> Question: When is the community caretaking exception to a warrant applicable?]]> Fri, 24 Oct 2014 00:00:00 GMT <![CDATA[Miranda (Public Safety Exception): State v. Brown]]> Question: If there is a public safety concern that a loaded weapon used to commit a crime is publicly accessible, can you ask a suspect about it without first giving Miranda warnings?]]> Fri, 24 Oct 2014 00:00:00 GMT <![CDATA[Proper Protocol (Sting Operation, Receiving Stolen Property): Young v. Owens]]> Question: Do you have probable cause for a Receiving Stolen Property arrest warrant if it is based on a sting operation in which you didn’t tell the buyer the goods were stolen?]]> Fri, 24 Oct 2014 00:00:00 GMT <![CDATA[OPOTA Courses Available This November]]> here.]]> Tue, 28 Oct 2014 00:00:00 GMT <![CDATA[Proper Protocol (Warrant Affidavit: Trash Pulls and Stale Information): State of Ohio v. Goble]]> Question:  Have you established probable cause for a search warrant by only the mention of one trash pull and information from several years ago?]]> Tue, 02 Dec 2014 00:00:00 GMT <![CDATA[Search & Seizure (Mistaken Identify, Common Authority, and Consent to Search): State of Ohio v. Portman]]> Question:  Is consent from a third-party valid if they lie about their identity resulting in your mistaken belief that they have authority to give the consent?]]> Tue, 02 Dec 2014 00:00:00 GMT <![CDATA[OVI (Coerced Blood Draw): State v. Brunty]]> Question: When attempting to obtain a blood sample, is consent from the suspect valid if you say “you can consent or I will get a sample by force”.]]> Tue, 02 Dec 2014 00:00:00 GMT <![CDATA[Don’t Give Up: Assisting the Reluctant Domestic Violence Victim]]> ]]> Tue, 02 Dec 2014 00:00:00 GMT <![CDATA[Search & Seizure (Warrantless Search, Locked Basement, Owner Without Key): State of Ohio v. Norman]]> Question: Can a property owner give consent to law enforcement to search a room or area of his home that he rents to another?  What if the property owner is on probation and is subject to home searches? ]]> Thu, 19 Feb 2015 00:00:00 GMT <![CDATA[Proper Protocol (Knock and Talk): Carroll v. Carman]]> Question: Does a knock and talk have to begin at the front door of a residence?]]> Thu, 19 Feb 2015 00:00:00 GMT <![CDATA[Find Advanced Training Courses Through OPOTA]]> here.]]> Thu, 19 Feb 2015 00:00:00 GMT <![CDATA[Ohio Attorney General’s Newsletters Offer Helpful Tools]]> Law Enforcement Bulletin, the Ohio Attorney General’s Office offers two other law enforcement newsletters: the monthly OPOTA Mobile Academy and the quarterly Criminal Justice Update. The Ohio Attorney General’s email subscriptions also offer other newsletters and alerts on a variety of topics. You can sign up online at for any or all of these newsletters.
 ]]> Thu, 19 Feb 2015 00:00:00 GMT <![CDATA[Close Call Reporting: Why it’s Important for Officer Safety]]> Mon, 06 Apr 2015 00:00:00 GMT <![CDATA[Search & Seizure of Vehicles (Mistakes of Law and Investigatory Stops): Heien v. North Carolina]]> Question: If you stop someone based on your misinterpretation of the law, is the stop valid?]]> Mon, 06 Apr 2015 00:00:00 GMT <![CDATA[Proper Protocol (Search Warrants & State Databases): State of Ohio v. Myers]]> Question:  Do you need a warrant to search a State database?]]> Mon, 06 Apr 2015 00:00:00 GMT <![CDATA[Search & Seizure (Preemptive Seizure of Property Without Search Warrant): State of Ohio v. Welch]]> Question:  Can you seize property that may contain evidence without a warrant if you fear it will be destroyed or discarded? ]]> Mon, 06 Apr 2015 00:00:00 GMT <![CDATA[Search and Seizure (Traffic Stops, Extending Stop to Conduct Dog Sniff): Rodriguez v. United States]]> Question: Can an officer extend a traffic stop solely to conduct a dog sniff?
]]> Thu, 21 May 2015 00:00:00 GMT <![CDATA[Search and Seizure (Consent Search, Passenger’s Belongings): State v. Chojnowski ]]> Question: If a vehicle owner consents to the search of his vehicle, can you search a container that belongs to a passenger?
]]> Thu, 21 May 2015 00:00:00 GMT <![CDATA[Search and Seizure (Reasonable suspicion, Terry Stop and Frisk): State of Ohio v. Ross ]]> Question:  Can an anonymous tip that is corroborated by an officer’s training, experience, and on-scene observations support reasonable articulable suspicion of criminal activity?
]]> Thu, 21 May 2015 00:00:00 GMT <![CDATA[Search and Seizure (Warrantless Home Entries, Exigent Circumstances, Hot Pursuit): State v. Lowe]]> Question: Can an officer enter an enclosed back porch to arrest a suspect without a warrant?
]]> Thu, 21 May 2015 00:00:00 GMT <![CDATA[Search and Seizure (Open Carry): Northrup v. City of Toledo Police Department]]> Question: If someone is openly carrying a firearm, can an officer conduct a Terry stop and frisk and disarm the person?
]]> Fri, 19 Jun 2015 00:00:00 GMT <![CDATA[Search and Seizure (Warrantless Home Entry, Noise Complaint, Exigency): State of Ohio v. Gorden]]> Question: Can an officer prevent someone from closing their door by placing their foot in the doorway without an exception to the warrant requirement? 
]]> Fri, 19 Jun 2015 00:00:00 GMT <![CDATA[Search and Seizure (Terry Stop and Frisk): State v. Holder III]]> Question: Can an officer automatically conduct a pat-down before placing a subject in his patrol car?   
]]> Fri, 19 Jun 2015 00:00:00 GMT <![CDATA[Search and Seizure (Traffic Stops and Statutory Jurisdiction): State v. Brown]]> Question: Can officers make stops for minor misdemeanor traffic offenses outside of their statutory jurisdiction or authority?
]]> Wed, 15 Jul 2015 00:00:00 GMT <![CDATA[Search and Seizure (Hotel Guest Registries): City of Los Angeles v. Patel]]> Question: Does a municipal code that allows police to inspect hotel guest records on demand violate the Fourth Amendment? 
]]> Wed, 15 Jul 2015 00:00:00 GMT <![CDATA[Search and Seizure (Personal Knowledge and Reasonable Suspicion): State v. Freeman]]> Question: Must an officer personally observe a traffic violation in order to have reasonable suspicion to stop the vehicle?   
]]> Wed, 15 Jul 2015 00:00:00 GMT <![CDATA[Search and Seizure (Consensual Encounters, Warrant Checks): State v. Tabler]]> Question: Can a consensual encounter become a seizure when an officer retains identification information and conducts a warrant check?
]]> Wed, 15 Jul 2015 00:00:00 GMT <![CDATA[Probable Cause: State v. Raphael, 2015 Ohio 3179]]> Question:  Can an officer continue to detain occupants of a vehicle despite a canine’s non-alert during an open-air sniff? 
]]> Wed, 26 Aug 2015 00:00:00 GMT <![CDATA[Request for Counsel: State v. Cherryholmes, 2015 Ohio 3063 July 29, 2015]]> Question: What constitutes a suspect’s request for counsel requiring an officer to terminate a custodial interrogation?
]]> Wed, 26 Aug 2015 00:00:00 GMT <![CDATA[Protective Sweeps: U.S. v. McMillian, Seventh Circuit Court of Appeals, May 22, 2015]]> Question: When a suspect is arrested on his porch, can officers conduct a protective sweep inside the home?
]]> Wed, 26 Aug 2015 00:00:00 GMT <![CDATA[Miranda Warnings: State v. Duhamel, 2015 Ohio 3145]]> Question: Are Miranda warnings required when police questioning takes place at the unarrested suspect’s kitchen table as a search warrant is being executed in the suspect’s home?
]]> Wed, 26 Aug 2015 00:00:00 GMT <![CDATA[State v. Foster 2015 Ohio 3401]]> Question: Are officers permitted to search any area for evidence of criminal activity while conducting a sweep of a residence for possible intruders? 
]]> Fri, 18 Sep 2015 00:00:00 GMT <![CDATA[Salgado v. Montgomery County Sheriff’s Office 2015 Ohio 3387]]> Question: Can a sheriff’s office deny a carrying concealed weapon (CCW) application on the sole basis of an applicant being convicted on a misdemeanor of the fourth degree drug paraphernalia charge for possessing a marijuana pipe? 
]]> Fri, 18 Sep 2015 00:00:00 GMT <![CDATA[State v. Taylor 2015 Ohio 3252]]> Question: Can officers continue to search a vehicle after discovering the contraband that prompted the search?
]]> Fri, 18 Sep 2015 00:00:00 GMT <![CDATA[State v. Salinas 2015 Ohio 3501]]> Question: Can an officer continue to interrogate a suspect after locating contraband and placing him in handcuffs? 
]]> Fri, 18 Sep 2015 00:00:00 GMT <![CDATA[State v. Ambrosini 2015 Ohio 4150]]> Question: Can officers make a warrantless entry into a home based on an observation of marijuana and marijuana paraphernalia viewed from outside the residence?
]]> Fri, 23 Oct 2015 00:00:00 GMT <![CDATA[State v. Williams 2015 Ohio 3968]]> Question: Can a suspect give a knowing, intelligent and voluntary waiver of his Miranda rights, despite being on medication for bipolar disorder and depression? 
]]> Fri, 23 Oct 2015 00:00:00 GMT <![CDATA[State v. Cash 2015 Ohio 3792]]> Question: Can a police officer approach and request identification from someone who appears to be loitering in an RTA hub for several hours?
]]> Fri, 23 Oct 2015 00:00:00 GMT <![CDATA[U.S. v. Brown, 801 F.3d 679 (6th Cir.2015)]]> Question: How long can officers rely on facts contributing to probable cause? ]]> Thu, 19 Nov 2015 00:00:00 GMT <![CDATA[State v. Mabry, 2015 Ohio 4513]]> Question: During a Terry pat down, can an officer unbutton a suspect’s pants in order to retrieve suspected contraband from shorts worn underneath his pants? 
]]> Thu, 19 Nov 2015 00:00:00 GMT <![CDATA[State v. Carothers, 2015 Ohio 4569]]> Question: Can an officer order a suspect to remove his shoes after obtaining consent to go through the suspect’s pockets? 
]]> Thu, 19 Nov 2015 00:00:00 GMT <![CDATA[State v. Lawson, 2015 Ohio 4394]]> Question: Did a suspect unambiguously waive his right to remain silent when, during a custodial interrogation, he responded that “nothing was bothering him and that he had nothing else to say?”
]]> Thu, 19 Nov 2015 00:00:00 GMT <![CDATA[State v. Adams, 2015 Ohio 5072]]> Question: When may officers arrest for a minor misdemeanor offense?
]]> Wed, 30 Dec 2015 00:00:00 GMT <![CDATA[State v. Frazee, 2015 Ohio 4786]]> Question: Can a jacket, worn and removed by a suspect immediately preceding his arrest, be searched incident to arrest? 
]]> Wed, 30 Dec 2015 00:00:00 GMT <![CDATA[State v. Ebert, 2015 Ohio 5012 ]]> Question: Is a person approached and questioned by officers, based on an anonymous tip, seized for purposes of the Fourth Amendment? 
]]> Wed, 30 Dec 2015 00:00:00 GMT <![CDATA[State v. Calvin, 2015 Ohio 4801]]> Question: For purposes of inventory search, is there a distinction between vehicles being “towed” and vehicles being “impounded”?
]]> Wed, 30 Dec 2015 00:00:00 GMT <![CDATA[Bachynski v. Stewart, 2015 U.S. App. Lexis 22492 (6th Circuit)]]> Question: Can an arrested suspect who invokes right to counsel later waive that right while speaking to officers assisting the suspect in contacting an attorney?
]]> Mon, 29 Feb 2016 00:00:00 GMT <![CDATA[State v. Leak, 2016 Ohio 154]]> Question: Does the mere arrest of an occupant of a lawfully parked vehicle trigger police impoundment and a warrantless inventory or search of the vehicle?
]]> Mon, 29 Feb 2016 00:00:00 GMT <![CDATA[State v. Williams, 2016 Ohio 439]]> Question: When responding to a shots-fired call, observing fresh blood outside the residence door and hearing a commotion inside, may officers enter the dwelling without a warrant?
]]> Mon, 29 Feb 2016 00:00:00 GMT <![CDATA[State v. Elmore, 2016 Ohio 129]]> Question: Does a trespasser have a reasonable expectation of privacy on the real property in which they are trespassing?
]]> Mon, 29 Feb 2016 00:00:00 GMT <![CDATA[State v. Tichener, 2016 Ohio 1021]]> Question: Is a suspect’s question to an officer about whether he should get an attorney considered a request for counsel requiring the officer to cease questioning?
]]> Mon, 28 Mar 2016 00:00:00 GMT <![CDATA[State v. Navarro, 2016 Ohio 749]]> Question: Does the odor of raw marijuana coming from a residence establish probable cause to obtain a search warrant.
]]> Mon, 28 Mar 2016 00:00:00 GMT <![CDATA[State v. Martin, 2016 Ohio 802]]> Question: Does a statement by a suspect who admits to have been drinking, render it involuntary and inadmissible in court?
]]> Mon, 28 Mar 2016 00:00:00 GMT <![CDATA[State v. Woody, 2016 Ohio 752]]> Question: Does an identified citizen informant who calls police to report a possible intoxicated driver provide reasonable suspicion for an officer to make a traffic stop to investigate?
]]> Mon, 28 Mar 2016 00:00:00 GMT <![CDATA[State v. Clements 2016 Ohio 3201]]> Question: Does the State’s inability to produce a signed consent-to-search waiver render a subsequent search invalid?]]> Wed, 29 Jun 2016 00:00:00 GMT <![CDATA[State v. Hall, 2016 Ohio 3273]]> Question: Can excessive window tint on a vehicle form the basis of reasonable, articulable suspicion for a traffic stop?]]> Wed, 29 Jun 2016 00:00:00 GMT <![CDATA[State v. Hambrick, 2016 Ohio 3395]]> Question: Does an officer need to read Miranda rights to the driver of a vehicle prior to asking if the driver has any guns, knives, or drugs in the vehicle?]]> Wed, 29 Jun 2016 00:00:00 GMT <![CDATA[State v. Thurman 2016 Ohio 3002]]> Question: Does calling a police officer an offensive name provide probable cause to arrest for disorderly conduct?]]> Wed, 29 Jun 2016 00:00:00 GMT <![CDATA[State v. Carver, 2016 Ohio 4926]]> Question: Can an officer extend a traffic stop without reasonable suspicion in order to seek consent to search a vehicle?]]> Tue, 09 Aug 2016 00:00:00 GMT <![CDATA[State v. Clelland, 2016 Ohio 4827]]> Question: Does an officer’s subjective intent in questioning someone turn a consensual encounter into an investigative detention? ]]> Tue, 09 Aug 2016 00:00:00 GMT <![CDATA[State v. Dowty, 2016 Ohio 4719]]> Question: Does the Ohio Revised Code require a motorist to signal for at least 100 feet when turning from a private parking lot onto a roadway?]]> Tue, 09 Aug 2016 00:00:00 GMT <![CDATA[State v. Thip, 2016 Ohio 4970]]> Question: Does an officer who pats down a known gang member prior to issuing a citation on the scene of a chaotic call run afoul of the Fourth Amendment?]]> Tue, 09 Aug 2016 00:00:00 GMT