Tag Archives: search and seizure

What Happened on Remand: State v. Gardner

Case Background

Dayton Police Detective David House was patrolling in an unmarked cruiser in an area known for drug activity. He pulled up behind a pick-up truck bearing out-of-county license plates. Because drug dealers were known to come from outside Montgomery … Continue reading

Posted in Criminal Law and Procedure, Ohio Supreme Court Watch, Student Contributors, What Happened on Remand | Tagged , , |

What’s On Their Minds? If the Police Believe an Occupant of a Car Needs Emergency Assistance Based on a Tip to the Dispatcher, is a Warrantless Stop Permissible? State v. Dunn

Update: The merit decision in this case was handed down March  15, 2012. Read the analysis of the decision here.

On October 19 the Supreme Court of Ohio heard oral argument in State v. Dunn, 2011-0213. The issue is what … Continue reading

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What’s On Their Minds? Must the Police Have a Warrant to Place a GPS Tracking Device Under a Car? State v Johnson

10/25/12 According to attorney Bill Gallagher, the trial judge again denied the motion to suppress in this case, and he plans to appeal again.

10/12/12. Further Update: According to a story in the Cincinnati Herald by Dan Yount, Sudinia Johnson, the … Continue reading

Posted in Constitutional Law, Ohio Supreme Court Watch, What's On Their Minds? | Tagged , , , , |

Oral Argument Preview: If the Police Believe an Occupant of a Car Needs Emergency Assistance Based on a Tip to the Dispatcher, is a Warrantless Stop Permissible? State v. Dunn.

Update: The merit decision in this case was handed down March  15, 2012. Read the analysis of the decision here.

 On October 19, the Supreme Court of Ohio will hear oral arguments in the case of State v. Dunn, 2011-0213.The … Continue reading

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

Oral Argument Preview: Must the Police Have a Warrant to Place a GPS Tracking Device Under a Car? State v Johnson.

Update: On March 13 2012, the Supreme Court of Ohio vacated the judgment of the court of appeals in this case, and remanded it back to the trial court to apply the holding in U.S. v. Jones, 132 S.Ct.945 (2012).  … Continue reading

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

Oral Argument Preview: Limiting the Exclusionary Rule. State v. Gould.

Update:  The merit decision in this case was handed down on January 17, 2012. Read the analysis of the decision here

In State v. Gould, to be argued before the Ohio Supreme Court on Sept. 7, the state will argue … Continue reading

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Searching A Cell Phone

As I have written many times in this column, the Fourth Amendment to the U.S. Constitution protects us from unreasonable searches and seizures. The Fourth Amendment also implicates privacy concerns. A person has an interest that justifies Fourth Amendment protection … Continue reading

Posted in Commentary, Ohio Supreme Court Watch | Tagged , , |

The Fourth Amendment, Resuscitated

Most of the Fourth Amendment cases from the U.S. Supreme Court during the years of the Bush administration seemed to cut back its protections further and further, to a frightening degree. This has been especially true with car stops and … Continue reading

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