Posted in Uncategorized on Jun 28th, 2015
The Ohio Supreme Court held that an extraterritorial search, prohibited by RC 4513.39, can violate the Ohio Constitution’s provision against search and seizures, Ohio Constitution, Art. I, Section 14, even though the search did not violate the U.S. Constitution as there was probable cause for the search. See CourtNewsOhio, Officer Had No Authority to Make […]
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Posted in Uncategorized on Apr 29th, 2015
In State v. Bode, Slip Opinion No. 2015-Ohio-1519, the Ohio Supreme Court in a 4-3 decision held that a defendant’s juvenile adjudication of delinquency for DUI could not enhance the penalty for a later adult sentence for DUI, when there was no defense counsel at the juvenile adjudication, and there was no waiver of the […]
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Posted in Uncategorized on Feb 3rd, 2015
In State v. Brown, 6th Dist. No. WD-12-070, 2013-Ohio-5351, the Sixth District Court of Appeals found that evidence obtained from a traffic stop outside the officer’s jurisdiction had to be excluded pursuant to Art. I, Section 14 of the Ohio Constitution, which prohibits unlawful searches and seizures. The search and seizure did not violate the […]
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Posted in Uncategorized on Nov 4th, 2014
A police officer requested warrants for the arrest of Brandon Hoffman for house stripping. The request set forth the elements of the offense, name of suspect and location of offense, but contained no facts as to why officers suspected Hoffman of house stripping. A Toledo Municipal Court magistrate issued the warrants based on the request […]
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Posted in Uncategorized on Jun 25th, 2014
In an article I wrote for the June 2014 issue of The Cleveland Bar Journal, entitled, “A Free Online Guide for Researching the Ohio Constitution”, I discuss why knowledge of the Ohio Constitution is important for Ohio lawyers and law students. A recent dissent by Ohio Supreme Court Justice Paul E. Pfeifer drives this […]
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