Did Kenneth ‘Constructively Possess’ a Firearm in a Vehicle that was Nestled in a Satchel on the Floorboard that also Contained his Identification Card?
Mr. Hobbs’ dominion and control over the firearm is readily demonstrated by the [...]
Is Muttering a Legal Defense to Aggravated Menacing?
Mr. Corteggiano was on reasonable notice that his statement would probably reac [...]
Can Law Enforcement Assist the Fire Department to Look for People inside a House During a Working Fire?
The search led to methamphetamine in plain view. [T]he actions taken by the fir [...]
Does Refusing to Exit the Vehicle During a Lawful Traffic Stop and Walking Away from Officers Establish Reasonable Suspicion …or… Did the Criminal Activity Evaporate?
We find that the officers were justified in subjecting Mr. Zaller to a protecti [...]
Can a Law Enforcement Officer Extend a Traffic Stop if a Passenger Lies about His Identity … Even if the Passenger Did not Commit a Crime or Traffic Violation?
When Officer Cook ran Mr. Foti’s (false) information through the computer and t [...]
Geauga County Trial Judge Adds New Standard for a Canine Sniff AND the Eleventh District Court Implies Pretextual Stops are Problematic
State v. Heath 2023 – Ohio – 2647 Eleventh District Appellate Court Geauga Coun [...]
Can a Law Enforcement Officer Ask a Suspect on His Way to Jail if He Possesses Contraband a Miranda Violation?
The constitutional right to remain silent does not confer upon a defendant the [...]
Can a Suspect Consent to be Searched During an Investigative Detention?
The court finds that Mr. Rath consented to the search of his person. The exchan [...]
Can Petroleum Jelly and a Condom be Criminal Tools?
After viewing the evidence in a light most favorable to the prosecution, a rati [...]
Can a Former Hotel Guest be Successfully Charged and Prosecuted for Criminal Trespass for Refusing to Leave?
Ohio law requires only that the notification to leave be reasonable, not the un [...]