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Tailor the topics and timing of our emails to you

You now can tailor the topics and timing of email communications from the Ohio Attorney General’s Office. In addition to receiving the Law Enforcement Bulletin, Criminal Justice Update, and OPOTA Mobile Academy newsletters, you can learn about new OPOTA courses as they’re posted and get updates on missing persons, unsolved homicides, and other topics. To choose your preferred topics and timeframe — when available, daily, or weekly — visit www.OhioAttorneyGeneral.gov/EmailUpdates

7/17/2013

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.

7/17/2013

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.

7/17/2013

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.

7/17/2013

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.

7/17/2013

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.

7/17/2013

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.

7/17/2013

Fee reduced for School Safety/Crisis Management Conference

The fee for law enforcement and other emergency responders to attend a School Safety/Crisis Management Conference in Columbus Aug. 19 has been reduced to $50 per person. The conference will address emergency management and planning along with recommended steps to take before, during, and after an emergency.

7/17/2013

Maryland v. King, U.S. Supreme Court, June 3, 2013

The U.S. Supreme Court has affirmed the constitutionality of taking DNA samples from felony arrestees. This case confirms the validity of the Ohio law that established the requirement for felony arrestees to submit DNA samples beginning in July 2011.

6/19/2013

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.

6/19/2013

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.

6/19/2013

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.

6/19/2013

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.

6/19/2013

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.

6/19/2013

Trainings help officers speak to and for abused children

Two upcoming training opportunities can help law enforcement officers enhance their ability to speak to and for abused children. The trainings, provided by the Ohio Attorney General’s Office in coordination with the National Child Protection Training Center, also can benefit prosecutors, victim advocates, and social workers.

6/19/2013

Safe Neighborhoods Initiative targets gun violence

Strategies that have produced drastic reductions in gun-related crime in cities around the country form the foundation for Attorney General Mike DeWine’s new Safe Neighborhoods Initiative.

6/19/2013

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.

5/15/2013

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.

5/15/2013

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.

5/15/2013

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.

5/15/2013

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.

5/15/2013

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.

5/15/2013

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.

5/15/2013

AG provides districts with school safety videos

School districts across the state have received a training video on school safety developed by the Attorney General’s Ohio Peace Officer Training Academy (OPOTA) and intended to arm administrators, teachers, and school employees with knowledge should they ever face a school shooting crisis.

5/15/2013

Workshops Cover Tools, Trends in Fraud Investigations

The Ohio Attorney General's Office will offer several workshops during this year's Emerging Trends in Fraud Investigation and Prevention Conference, set for June 3-4 at the Hilton Columbus at Easton. The annual conference is presented by the Ohio Auditor's Office.  

5/15/2013
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