Law Enforcement Bulletin 

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.
 

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.

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.

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.

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.

Ohio’s new human trafficking law requires peace officers to receive basic and advanced training in handling human trafficking violations.
 
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.