Archive | search and seizure

Drug Possession and Firearm Case Thrown Out Where Police Illegally Detained Defendant on a “Hunch”

April 06, 2020  |   Posted by :   |   search and seizure   |   Comments Off on Drug Possession and Firearm Case Thrown Out Where Police Illegally Detained Defendant on a “Hunch”

The Franklin County Court of Appeals threw out a conviction for possession of drugs when it found that police officers illegally detained someone and later arrested him when the officers found drugs in the vehicle. State v. Carter, 2020-Ohio-589 The Court issued a ruling stating that the police detained the Defendant on a hunch of […]

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When Can Police Pull You Over On Your Bicycle?

March 05, 2017  |   Posted by :   |   search and seizure   |   Comments Off on When Can Police Pull You Over On Your Bicycle?

WHEN CAN POLICE STOP A BICYCLE RIDER? The Ohio Court of Appeals recently held in State v. Swift, 2016-Ohio-8191 that police must have reasonable suspicion that a crime or traffic violation has occurred before stopping a bicycle rider.  Bicycle riders have the same constitutional rights as any driver on the road.  In Swift, the Defendant […]

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When Can the Police Stop and Question You?

November 08, 2013  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law, police questioning, search and seizure   |   Comments Off on When Can the Police Stop and Question You?

If you have been stopped, questioned and arrested or cited by the police, one of the first questions you should ask is whether the initial stop was constitutionally valid.  The Fourth Amendment protects citizens from unreasonable search and seizure.  This means that, generally, the police cannot seize or search you without a warrant–unless a specific […]

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