Tag Archives: Fourth Amendment

Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

August 11, 2016  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law, Ohio Drug Laws   |   Comments Off on Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

DOES A POLICE OFFICER HAVE AUTHORITY TO CONTINUE A TRAFFIC STOP TO SEARCH FOR DRUGS OR OTHER CONTRABAND? The Eleventh District Court of Appeals has held that although a police officer may have a suspicion of illegal activity following a traffic stop, the police officer does not have ‘open season’ to investigate matters not reasonably […]

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New U.S. Supreme Court Case Says State Cannot Make It a Crime to Refuse a Warrantless Blood Test

July 10, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on New U.S. Supreme Court Case Says State Cannot Make It a Crime to Refuse a Warrantless Blood Test

The United States Supreme Court ruled recently on the constitutionality of laws criminalizing the refusal of breath and blood BAC tests.  Birchfield v. North Dakota, 579 U. S. ____ (2016). The Court found that states cannot make it a crime to refuse to submit to a warrantless blood test.  States can, however, make it a crime […]

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Can Police Search a Tent or Campsite if the Campers are Trespassing?

January 20, 2016  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can Police Search a Tent or Campsite if the Campers are Trespassing?

Let’s say you and your friends decide to go camping.  But instead of a sanctioned camping area, you decide to go to an out of the way place in the woods.  Or to an abandoned or unfinished house.   The police come – can they search your things even if they don’t arrest you for […]

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Blood Tests from Hospital Obtained Under R.C. 2317.02(B) By Police Without a Warrant Excluded From Evidence

November 20, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Blood Tests from Hospital Obtained Under R.C. 2317.02(B) By Police Without a Warrant Excluded From Evidence

If you are in an accident and taken to the hospital, doctors might take a blood or urine sample for medical diagnostic purposes.  This medical record would likely include information about the concentration of alcohol or other drugs in the patient’s system. Under Ohio law, police are permitted to obtain a copy of this blood, […]

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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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Drug Charge Dismissed: Car Owner/Driver Cannot Consent to Search of Passenger’s Purse or Bag

April 14, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Drug Charge Dismissed: Car Owner/Driver Cannot Consent to Search of Passenger’s Purse or Bag

The Fourth Amendment protects individuals from unreasonable searches and seizures.  Generally, for a search to be considered constitutionally reasonable, the officer must have probable cause and a warrant. There are a few exceptions to the warrant rule.   One is consent.  If you consent to a search by the police, you waive your Fourth Amendment rights. […]

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U.S. Supreme Court Says Reasonable Mistakes by Police About the Law Can Still Justify a Traffic Stop

December 29, 2014  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on U.S. Supreme Court Says Reasonable Mistakes by Police About the Law Can Still Justify a Traffic Stop

Generally, the Fourth Amendment prohibits “unreasonable searches and seizures.”  But what happens if the officer thinks he has justification for pulling someone over, but it turns out he was wrong?  The Supreme Court answered this question recently in its 8-1 decision in Heien v. North Carolina, No. 13-604. Mistakes of Law by Officers Here, an officer […]

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OVI Dismissed Due to Unconstitutional OVI Checkpoint

December 14, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed Due to Unconstitutional OVI Checkpoint

In a recent Ohio case, the defendant was stopped at a DUI checkpoint.  While stopped, an officer became suspicious that the driver may be under the influence and directed the driver to a separate area.  The driver was then arrested and charged with OVI.   But because the Ohio State Highway Patrol failed to follow […]

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0.189 BAC Result Thrown Out: Police Cannot Enter Private Home Without a Warrant to Arrest an OVI Suspect for the Purpose of Obtaining BAC Evidence of Intoxication

September 10, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on 0.189 BAC Result Thrown Out: Police Cannot Enter Private Home Without a Warrant to Arrest an OVI Suspect for the Purpose of Obtaining BAC Evidence of Intoxication

The Ohio Supreme Court has acknowledged that officers can chase a suspect into a home if they are in “hot pursuit.”  But the key question is: When is an officer in hot pursuit?   In this case, a driver parked in his driveway ran into his house when the officer started stepping out of his […]

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