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After the arrest of The Ohio State University quarterback J.T. Barrett for operating a motor vehicle while impaired (DUI/OVI) around Halloween last year, there has been much discussion in Ohio regarding the legality of sobriety checkpoints. This was exemplified by … Continue reading →
When a person is arrested for DUI/OVI in Ohio, the arresting officer generally asks the person to submit to a breath test. However, the breathalyzer machine sometimes does not function properly. Thus, Ohio also provides that officers can ask the … Continue reading →
The 12th District Court of Appeals recently ruled on a case involving a DUI/OVI urine test and the right of every person to a speedy trial. The holding of the case, State v. Wieland, leads to a disturbing conclusion that … Continue reading →
Possession is a necessary predicate for a number of criminal offenses in Ohio, such as possession of marijuana, marijuana trafficking, illegal cultivation of marijuana and drug paraphernalia. This article will discuss these offenses in detail, including the elements of each offense, … Continue reading →
A recent case, State v. Brandon, dealt with the issue of whether a pat down search of a person is lawful in the interest of officer safety when the person is not under arrest. Facts of the Case Brandon was … Continue reading →
A recent case from the Ohio Supreme Court dealt with the issue of whether a warrantless inventory search of a lawfully parked vehicle violates the Fourth Amendment to the United States Constitution. Facts of the Case The case, State v. … Continue reading →