The Ohio Supreme Court held that an extraterritorial search, prohibited by RC 4513.39, can violate the Ohio Constitution’s provision against search and seizures, Ohio Constitution, Art. I, Section 14, even though the search did not violate the U.S. Constitution as there was probable cause for the search. See CourtNewsOhio, Officer Had No Authority to Make […]
In State v. Brown, 6th Dist. No. WD-12-070, 2013-Ohio-5351, the Sixth District Court of Appeals found that evidence obtained from a traffic stop outside the officer’s jurisdiction had to be excluded pursuant to Art. I, Section 14 of the Ohio Constitution, which prohibits unlawful searches and seizures. The search and seizure did not violate the
A police officer requested warrants for the arrest of Brandon Hoffman for house stripping. The request set forth the elements of the offense, name of suspect and location of offense, but contained no facts as to why officers suspected Hoffman of house stripping. A Toledo Municipal Court magistrate issued the warrants based on the request
The Sixth District Court of Appeals ruled that an extraterritorial traffic stop by Lake Township Police Department officer on a State highway violated the defendant’s rights under Article 1, Section 14 of the Ohio Constitution. “[In Atwater v. Lago Vista] a stop, even if in violation of state law, is not unreasonable under the Fourth
Traffic Stop Violates Ohio Constitution Because Township Officer Lacked Authority Read Post »