On October 10, 2017, the Supreme Court of Ohio handed down a merit decision in State v. Bembry, 2017-Ohio-8114. In an opinion written by Justice O’Neill, the court held that the exclusion of evidence was not the proper remedy for the admitted violation in this case of Ohio’s knock-and-announce statute. Chief Justice O’Connor and
exclusionary rule
What’s On Their Minds: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule? State of Ohio v. Sherri Bembry and Harsimran Singh.
By Marianna Bettman on
Update: On October 10, 2017, the Supreme Court of Ohio issued a merit decision in this case. Read the analysis here.
“Going forward, how do we ensure that we don’t have a successive violation of the knock and announce rule if in fact we say, well, yeah, there was a violation, but it doesn’t really…
What’s On Their Minds: Constitutionality of Searches by Public School Employees. State of Ohio v. Joshua Polk.
By Marianna Bettman on
Update: On May 11, 2017, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“This was a backpack sitting on an empty school bus. In this day, that’s concerning. I can’t help but look at this from a very practical perspective, perhaps as a parent, and think,…
Oral Argument Preview: Is the Exclusionary Rule a Proper Remedy for the Violation of Ohio’s Knock-and-Announce Rule for Evidence Seized Pursuant to a Valid Search Warrant? State of Ohio v. Sherri Bembry and Harsimran Singh.
By Marianna Bettman on
Update: On October 10, 2017, the Supreme Court of Ohio issued a merit decision in this case. Read the analysis here.
Read the analysis of the argument here.
On March 1, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Sherri Bembry and Harsimran Singh, 2016-0238…
Oral Argument Preview: Constitutionality of Searches by Public School Employees. State of Ohio v. Joshua Polk.
By Marianna Bettman on
Update: On May 11, 2017, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On March 1, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Joshua Polk, 2016-0271.…
Merit Decision: Court Finds State Constitutional Violation For Extraterritorial Traffic Stop. State v. Brown.
By Marianna Bettman on
Update: a bill has been introduced in the legislature to allow peace officers in small townships to make arrests on interstate highways. Read more about that here.
On June 23, 2015, the Supreme Court of Ohio issued a merit decision in State v. Brown, 2015-Ohio-2438. In a 5-2 opinion written by Justice O’Donnell,…
Merit Decision. Long and Complicated Explanation of Why Search Warrant was Invalid and Suppression Required. State v. Castagnola .
By Marianna Bettman on
Update: read what happened on remand in this case here.
On April 28, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Castagnola, 2015-Ohio-1565. In a 4-3 opinion written by Justice Kennedy, for herself and Justices Pfeifer, O’Neill, and O’Donnell, the court held that the search warrant issued in…
What’s on their Minds: The Ohio Constitution and Remediless Statutory Violations. State v. Terrence Brown.
By Marianna Bettman on
Update: On June 23, 2015, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“So now we have a constitution that is not self-executing, and we have a statute which is not self-executing, and we’re the Supreme Court and everybody is throwing their hands in the air…
Oral Argument Preview: Exclusion of Evidence Under the U.S. or the Ohio Constitution Because of A Bad Traffic Stop? State of Ohio v. Terrence Brown.
By Marianna Bettman on
Update: On June 23, 2015, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the oral argument here.
On February 3, 2015, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Terrence Brown, 2014-0104.…
Merit Decision. Court Again Applies Good-Faith Exception, This Time to Avoid Suppression of Evidence From Warrantless GPS Search. State v. Johnson
By Marianna Bettman on
On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in State v. Johnson, 2014-Ohio-5021. In a unanimous opinion written by Justice Terrence O’Donnell, in which Justices Paul Pfeifer and Judy Lanzinger concurred in judgment only, the court held that the good-faith exception to the exclusionary rule precluded suppression of…