3L Corey Bushle and I share an interest in state Constitutional Law, particularly in the Fourth Amendment context.  Corey, who is currently the editor-in-chief of the University of Cincinnati Law Review, has written a very thought-provoking Comment entitled “The Exclusionary Rule, and the Problem with Search and Seizure under the Ohio Constitution.” In his Comment, Corey posits

“Although the Supreme Court of Ohio purported to create a consistent rule in Robinette II regarding its intent to harmonize Article I, Section 14 with the Fourth Amendment, subsequent decisions of the court offer no guidance on what is a ‘persuasive reason’ to depart from federal law…The Supreme Court of Ohio must articulate clearer criteria for what reasons it would consider ‘persuasive’ in choosing to depart from federal law in order to allow litigants to better develop this area of the law.”

Food for thought. Read Corey’s Comment here.