Tag Archives: Consensual Encounter

OVI Charge Dropped for Unconstitutional Stop Where Police Shined Flashlight in Suspect’s Eyes

July 06, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charge Dropped for Unconstitutional Stop Where Police Shined Flashlight in Suspect’s Eyes

There can be a fine line between what the law calls a “consensual” police encounter and an “investigative” stop by police.  For an investigative stop (where you do not feel like you can walk away from an officer), the police must be able to point to specific things you did that made them suspect criminal […]

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Ohio Court Finds Anonymous Tip Insufficient for DUI Stop

June 09, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Ohio Court Finds Anonymous Tip Insufficient for DUI Stop

In a recent U.S. Supreme Court case in April, the Court found that an anonymous tip can support a DUI stop.   But a more recent Ohio case in May (which doesn’t cite the US Supreme Court case) found the opposite – that one anonymous tip is alone insufficient to justify the police pulling over a […]

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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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