<![CDATA[Law Enforcement Bulletin RSS]]> <![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[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[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[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. 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. 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. 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. 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[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[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. 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. 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[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. 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. 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[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[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[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[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[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[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[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. 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[AG Encourages Collaboration on School Safety Measures]]> Wed, 19 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[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[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. 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. 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[Trending in the Courts]]> 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[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[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. 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[Steps can help limit civil liability]]> Fri, 15 Feb 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[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[Course helps law enforcement, schools partner for safety]]> Mon, 14 Jan 2013 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[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[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[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. 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[Survey, eOPOTA course address sexual assault issues]]> 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[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[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 16:13:40 GMT <![CDATA[De-escalation techniques can be effective with special needs populations]]> Fri, 13 Jul 2012 16:16:31 GMT <![CDATA[eOPOTA course covers use of new OH-1 Crash Report]]> Fri, 13 Jul 2012 16:16:12 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 16:13:52 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 16:14:37 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 16:14:22 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 16:14:08 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 16:15:26 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 16:15:12 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 16:15:45 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 16:14:50 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 16:15:59 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[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[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. 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. 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. 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[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[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. 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. 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[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[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[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[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. 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. 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[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. 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[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[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[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[Identity Theft Victims Turn to Law Enforcement, New Program ]]> 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. 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. 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[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[Attorney General Offers Training on Evaluating Witnesses and Their Testimony]]> Wed, 16 May 2012 11:01:08 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[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. 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. 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. 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[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. 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[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[AG provides districts with school safety videos]]> 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[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. 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. 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[Workshops Cover Tools, Trends in Fraud Investigations]]> Wed, 15 May 2013 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[Knowing How to Investigate Common Scams May Reveal Actual Crimes]]> 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[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. 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. 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[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[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[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[BCI can reimburse costs related to sex offender extradition]]> Fri, 12 Oct 2012 00:00:00 GMT <![CDATA[Consider a Crime Scene Investigation Refresher Course]]> 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[State v. Bonham — Fifth District Court of Appeals, Aug. 28, 2012]]> 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. 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[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 15:20:01 GMT <![CDATA[Law change affects possession of drug paraphernalia]]> Thu, 13 Sep 2012 16:27:36 GMT <![CDATA[Law Enforcement Conference offers great training, networking opportunities]]> Thu, 13 Sep 2012 16:28:04 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[State v. Hammen — Fifth District Court of Appeals, Aug. 6, 2012]]> 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 16:15:00 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 15:51:49 GMT <![CDATA[State v. Wilcox — Second District Court of Appeals (Champaign, Clark, Darke, Greene, Miami, and Montgomery counties), July 27, 2012]]> 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 16:15:00 GMT <![CDATA[United States v. Lyons — Sixth Circuit Court of Appeals (Ohio, Tennessee, Michigan, Kentucky), July 25, 2012]]> 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 16:23:26 GMT <![CDATA[United States v. Sharp — Sixth Circuit Court of Appeals (Ohio, Tennessee, Michigan, Kentucky), July 27, 2012]]> 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 16:20:23 GMT <![CDATA[United States v. Voustianiouk — Second Circuit Court of Appeals (Connecticut, New York, Vermont), July 12, 2012]]> 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 16:17:36 GMT