The latest news, practice pointers and resources for Ohio appellate law
Case Background
Dayton Police Detective David House was patrolling in an unmarked cruiser in an area known for drug activity. He pulled up behind a pick-up truck bearing out-of-county license plates. Because drug dealers were known to come from outside Montgomery County to that particular area to deal drugs, House followed the truck. After running…
Update: The merit decision in this case was handed down March 15, 2012. Read the analysis of the decision here.
On October 19 the Supreme Court of Ohio heard oral argument in State v. Dunn, 2011-0213. The issue is what the state must prove to justify a warrantless emergency stop based on a citizen…
10/25/12 According to attorney Bill Gallagher, the trial judge again denied the motion to suppress in this case, and he plans to appeal again.
10/12/12. Further Update: According to a story in the Cincinnati Herald by Dan Yount, Sudinia Johnson, the defendant in the Ohio case, remains in prison. His attorney William Gallagher questions why…
Update: The merit decision in this case was handed down March 15, 2012. Read the analysis of the decision here.
On October 19, the Supreme Court of Ohio will hear oral arguments in the case of State v. Dunn, 2011-0213.The issue in this case is whether a traffic stop made under the belief that…
Update: On March 13 2012, the Supreme Court of Ohio vacated the judgment of the court of appeals in this case, and remanded it back to the trial court to apply the holding in U.S. v. Jones, 132 S.Ct.945 (2012). The last paragraph of this post questioned why the Ohio Supreme Court was hearing this…
Update: The merit decision in this case was handed down on January 17, 2012. Read the analysis of the decision here.
In State v. Gould, to be argued before the Ohio Supreme Court on Sept. 7, the state will argue that the exclusionary rule should only apply in circumstances involving “deliberate, reckless or…
As I have written many times in this column, the Fourth Amendment to the U.S. Constitution protects us from unreasonable searches and seizures. The Fourth Amendment also implicates privacy concerns. A person has an interest that justifies Fourth Amendment protection when that person has a legitimate, reasonable expectation of privacy in the property that is…
Most of the Fourth Amendment cases from the U.S. Supreme Court during the years of the Bush administration seemed to cut back its protections further and further, to a frightening degree. This has been especially true with car stops and ensuing searches. So the recently released case of Arizona v. Gant was a pleasant surprise,…
