I help Ohio law enforcement officers identify and understand the constantly changing landscape of case law so that they may always be Safe, Smart and Objectively Reasonable.
In the Sixth Circuit Appellate Court … for an Item to be Admissible Under the Plain View Doctrine, it Must be ‘Immediately Apparent’ to the Officers at Scene and ‘Sluggishly Apparent’ to the Judge while Watching Body Camera Video in His Office
The objects purportedly seen by Det. Kopchak were not immediately and apparently incriminating.Accordingly, the officers lacked probable cause to search the vehicle. United States v [...]
When Does an Officer Have a Legal Duty to Intervene and Stop Another Officer from Using Excessive Force?
(1) The officer observed or had reason to know that excessive force would be or was being used, and (2) The officer had both the opportunity and the means to prevent the harm from occ [...]
Can a Suspect be Successfully Charged and Prosecuted for WUD for Possessing a Firearm while under Indictment?
The state now bears the burden of proof and is required to “justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. [...]