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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.

5/23/2014

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.

5/23/2014

Human Relations and Law Enforcement

Human relation skills are vital for in the law enforcement field, helping you interact with citizens, criminals, victims, informants, and people in crisis. The Ohio Peace Officer Training Academy will offer several such courses this summer. Here’s a sampling.

5/23/2014

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.

4/16/2014

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.

4/16/2014

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.

4/16/2014

Tactical Aid Course Prepares You to Save Lives

A gunman opened fire at Los Angeles International Airport last November and shot Transportation Security Administration Officer Gerardo Hernandez 12 times at point-blank range before continuing on his shooting spree.

4/16/2014

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

3/24/2014

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.

3/24/2014

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.

3/24/2014

Three Quick Tips to Improve Your Court Testimony

Testifying in court is one of your duties as a law enforcement officer. Some officers love it; some hate it. But either way, you should know how to do it right. Here are three quick tips you can use to improve your testimony.

3/24/2014

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.

2/19/2014

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.

2/19/2014

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.

2/19/2014

CIT Helps Those in Crisis, Enhances Community Safety

Bob has schizophrenia. Though he had just been released from a mental health hospital, he skipped his follow-up appointment and instead went to a grocery store, where he was shaking and harassing customers. His unruly behavior would typically have gotten him arrested. But, the officers who responded to the call took a different approach. They talked to Bob. They found out he hadn’t been taking his medications, and they got him to agree to meet with his case manager. The officers took Bob back to the hospital and then to his home for his medications. At Bob’s home, the situation escalated when he refused to take his medication and went for a knife.

2/19/2014

Stress Management isn’t a Luxury in Law Enforcement; It’s Vital

The career of police officer was named the 10th most stressful job in the United States for 2013 by CareerCast, a career and job opportunity website that provides annual rankings.

1/22/2014

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.

1/22/2014

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.

1/22/2014

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.

1/22/2014

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.

1/22/2014

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.

12/18/2013

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.”

12/18/2013

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.

12/18/2013

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.

12/18/2013

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.

12/18/2013
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