Tag Archives: exclusionary rule

Merit Decision: Exclusion of Evidence not the Proper Remedy for Admitted Violation of Knock-and-Announce Statute. State v. Bembry.

On October 10, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Bembry, Slip Opinion No. 2017-Ohio-8114. In an opinion written by Justice O’Neill, the court held that the exclusion of evidence was not … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Merit Decisions, Ohio Supreme Court Watch | Tagged , |

What’s On Their Minds: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule? State of Ohio v. Sherri Bembry and Harsimran Singh.

Update: On October 10, 2017, the Supreme Court of Ohio issued a merit decision in this case.  Read the analysis here.

“Going forward, how do we ensure that we don’t have a successive violation of the knock and … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , |

What’s On Their Minds: Constitutionality of Searches by Public School Employees. State of Ohio v. Joshua Polk.

Update: On May 11, 2017, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“This was a backpack sitting on an empty school bus.  In this day, that’s concerning. I can’t help … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch, Schools and Education, Student Contributors, What's On Their Minds? | Tagged , , |

Oral Argument Preview: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule for Evidence Seized Pursuant to a Valid Search Warrant? State of Ohio v. Sherri Bembry and Harsimran Singh.

Update: On October 10, 2017, the Supreme Court of Ohio issued a merit decision in this case.  Read the analysis here.

Read the analysis of the argument here.

On March 1, 2017, the Supreme Court of … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Evidence, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , |

Oral Argument Preview: Constitutionality of Searches by Public School Employees. State of Ohio v. Joshua Polk.

Update: On May 11, 2017, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read the analysis of the oral argument here.

On March 1, 2017, the Supreme Court of … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch, Oral Argument Preview, Schools and Education, Student Contributors | Tagged , , |

Merit Decision: Court Finds State Constitutional Violation For Extraterritorial Traffic Stop. State v. Brown.

Update: a bill has been introduced in the legislature to allow peace officers in small townships to make arrests on interstate highways.  Read more about that here.

On June 23, 2015, the Supreme Court of Ohio issued a … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Merit Decisions, Ohio Supreme Court Watch | Tagged , , , |

Merit Decision. Long and Complicated Explanation of Why Search Warrant was Invalid and Suppression Required. State v. Castagnola .

Update: read what happened on remand in this case here.

On April 28, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Castagnola, 2015-Ohio-1565.  In a 4-3 opinion written by Justice Kennedy, for … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Merit Decisions, Ohio Supreme Court Watch | Tagged , , , |

What’s on their Minds: The Ohio Constitution and Remediless Statutory Violations. State v. Terrence Brown.

Update: On June 23, 2015, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“So now we have a constitution that is not self-executing, and we have a statute which is … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , , , |

Oral Argument Preview: Exclusion of Evidence Under the U.S. or the Ohio Constitution Because of A Bad Traffic Stop? State of Ohio v. Terrence Brown.

Update: On June 23, 2015, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read the analysis of the oral argument here.

On February 3, 2015, the Supreme Court of … Continue reading

Posted in Constitutional Law, Criminal Law and Procedure, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , , , |

Merit Decision. Court Again Applies Good-Faith Exception, This Time to Avoid Suppression of Evidence From Warrantless GPS Search. State v. Johnson

On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Johnson, 2014-Ohio-5021. In a unanimous opinion written by Justice Terrence O’Donnell, in which Justices Paul Pfeifer and Judy Lanzinger concurred in judgment … Continue reading

Posted in Constitutional Law, Merit Decisions, Ohio Supreme Court Watch | Tagged , , , , |