Archive | Columbus Criminal Defense

Disorderly Conduct and Resisting Arrest Charges Dismissed Where Search Was Unreasonable

July 09, 2015  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law   |   Comments Off on Disorderly Conduct and Resisting Arrest Charges Dismissed Where Search Was Unreasonable

An Ohio Court of Appeals recently decided another case involving an unreasonable search by police.  Here, upon responding to a noise complaint, a police officer stuck his foot in the door to prevent the resident from closing it – without a warrant and without any applicable exception to the warrant requirement. Because the search violated […]

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Marijuana Evidence Thrown Out: Township Officer Lacked Authority to Make Traffic Stop on Interstate Highway

June 28, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Marijuana Evidence Thrown Out: Township Officer Lacked Authority to Make Traffic Stop on Interstate Highway

The Ohio Supreme Court recently decided a case asking whether a traffic stop based on probable cause but contrary to an Ohio statute rises to the level of a constitutional violation.  Full text of the case is here: State v. Brown, Slip Opinion No. 2015-Ohio-2438. The Court found that a traffic stop for a minor misdemeanor made […]

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Pat-Down of Passenger Before Having Him Wait in Patrol Car for a Ride During an OVI Stop is an Unreasonable Search

May 21, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Pat-Down of Passenger Before Having Him Wait in Patrol Car for a Ride During an OVI Stop is an Unreasonable Search

In the case of an OVI stop, there is often a passenger or multiple passengers in the car.  In this case, the passenger was waiting for a ride and was told to wait in the back of the patrol car.  Before putting him in the patrol car, the officer patted him down and found a handgun. […]

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Ohio Appeals Court: Trial Court Ordering 300 Hours of Community Service in Lieu of $200 Fine is Unreasonable Sentence

March 02, 2015  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Ohio Appeals Court: Trial Court Ordering 300 Hours of Community Service in Lieu of $200 Fine is Unreasonable Sentence

In cases where a fine is imposed as part of a misdemeanor sentence, Ohio statutes allow that fine to be imposed in the form of community service.  This is particularly helpful where a defendant is unemployed or has limited income. However, when community service is imposed in lieu of a fine, the community service hours […]

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Obstruction of Official Business Conviction Reversed for Lack of Affirmative Act

October 20, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Obstruction of Official Business Conviction Reversed for Lack of Affirmative Act

Officer Alleges that Defendant Obstructed Official Business By Delaying Car From Being Towed  An officer arrived at the scene of a disabled vehicle on an off-ramp.  When he arrived, he saw a woman standing next to the car while her daughter remained inside.  She told the officer that she called Nationwide Insurance to tow her vehicle. […]

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Disorderly Conduct Charge Dismissed Because Words Spoken By Defendant Protected Under First Amendment

September 05, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Disorderly Conduct Charge Dismissed Because Words Spoken By Defendant Protected Under First Amendment

Ohio’s disorderly conduct statute generally prohibits acting or speaking in an offensive way to another person.  However, the U.S.Constitution protects free speech under the First Amendment.  This means that even though some words might be rude or offensive, they cannot be punished criminally unless they are found to be “fighting words.” Here, the defendant was […]

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Evidence of Marijuana & Other Drugs Thrown Out Due to Illegal Warrantless Search of Home’s Backyard

August 27, 2014  |   Posted by :   |   Columbus Criminal Defense, Ohio Drug Laws   |   Comments Off on Evidence of Marijuana & Other Drugs Thrown Out Due to Illegal Warrantless Search of Home’s Backyard

In this case, police were conducting a “knock and talk” to discuss suspected drugs in the home.  The police did not have a warrant.  However, one of the officers ventured to back of the house — without a warrant — and observed marijuana plants on the deck.   This observation then supported a warrant to […]

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Furnishing Alcohol to an Underage Person Charge Dismissed Due to Unconstitutional Warrantless Entry

August 03, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Furnishing Alcohol to an Underage Person Charge Dismissed Due to Unconstitutional Warrantless Entry

Underage drinking citations often arise during or following parties at private homes.  If an officer actually enters a home and starts giving out underage drinking citations or citations for furnishing alcohol to a minor, the first question to ask is whether the officer’s entry was legal.   Did the officer have a warrant?  Did the […]

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Can the Police Search Your Cell Phone (Texts, Photos, Call Logs) Without a Warrant?

July 27, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Can the Police Search Your Cell Phone (Texts, Photos, Call Logs) Without a Warrant?

The U.S. Supreme Court recently considered whether the police can search someone’s cell phone data after they have been arrested.  Can they look through your texts and call log?  Can they scan through your pictures and videos to find evidence of a crime?   No.  The police generally may not, without a warrant, search digital […]

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Underage Drinking Charges Dismissed Due to Warrantless Entry

July 01, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Underage Drinking Charges Dismissed Due to Warrantless Entry

A recent Ohio case tackled the issue of college parties and when the police can enter and search a home following a noise complaint.  In this case, although partygoers were dispersing, an officer entered the closed front door of a private home and issued a guest inside an underage drinking citation.   The court concluded that […]

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