On January 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Leak, 2016-Ohio-154. In a 4-3 decision written by Justice O’Neill, joined in full by Justices Lanzinger and Kennedy, in which Justice French concurred in judgment only, the court held that a warrantless inventory search of a
Fourth Amendment
What’s On Their Minds: Warrantless Inventory Search and Tow of a Legally Parked Car After the Arrest of an Occupant of the Car. State of Ohio v. Quayshaun Leak.
By Marianna Bettman on
Update: On January 20, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On September 16, 2015, the Supreme Court of Ohio heard oral argument in the case of State v. Leak, 2014-1273. At issue is whether the arrest of the occupant of a legally…
Oral Argument Preview: Legality of Warrantless Inventory Search of Legally Parked Car. State of Ohio v. Quasyshaun Leak.
By Marianna Bettman on
Update: On January 20, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the argument here.
On September 16, 2015, the Supreme Court of Ohio will hear oral argument in the case of State v. Leak, 2014-1273. At issue in…
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…
Merit Decision: Totality of the Circumstances Governs in Trash Pull Case. State v. Jones.
By Marianna Bettman on
On February 12, 2015, the Supreme Court of Ohio handed down a merit decision in State v. Jones, 2015-Ohio-483. In a unanimous opinion written by Justice Lanzinger, the court held that the proper standard to determine whether probable cause exists to issue a search warrant is the totality of the circumstances, and a single…
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…
What’s on their Minds: Warrantless GPS Tracking Device, Revisited. State of Ohio v. Sudinia Johnson.
By Marianna Bettman on
Update: On November 13, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“If Jones was on the books when your client was arrested for this illegal activity, we wouldn’t be standing here,”—Chief Justice Maureen O’Connor to defense counsel. “Knotts said it was ok to…