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Dayton DUI Attorney Charles Rowland > Posts tagged "Search warrant"

Traffic Stops and the 4th Amendment

What do you know about the 4th Amendment? You don't have to be a 4th Amendment scholar to protect yourself in a traffic stop scenario. In any given traffic stop, with a few notable exceptions, the below rules will help protect your civil rights and improve your chances of driving away safely—so you don't have to be a legal expert to say and do the right thing.1) Keep Your Private Items Out of View This is common sense: Always keep any private items that you don't want others to see out of sight. Legally speaking, police do not need a search warrant in...

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Supreme Court To Decide DUI Cases

In a follow-up to its recent decision in Missouri v. McNeely, the Supreme Court agreed to decide whether a blood or breath test for drunk driving can be made without a search warrant and whether, if there is no warrant, an individual can be charged with a crime for refusing to take such a test.As in Ohio, North Dakota, state laws bars a person from driving in the state if he or she refuses to submit to a chemical test, of blood, breath or urine, to determine alcohol concentration. It makes refusal to take such a test open to prosecution...

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Forced Blood Draw In Ohio (What Happens After Missouri v. McNeeley?)

What is the status of Ohio's forced blood draw law [R.C. 4511.191] following the decision in Missouri v. McNeeley, 2013 U.S. LEXIS 3160 (2013).In Missouri v, McNeely, the United States Supreme Court ruled that a nonconsensual warrantless blood draw violates a person’s right to be free from unreasonable searches and seizures under the 4th Amendment to the Constitution. The McNeely decision raises some questions for search warrants in OVI cases. Some of the questions include (1) Did this decision invalidate the implied consent laws? and (2) Are search warrants required for every DUI arrest before a forced blood draw can be taken from...

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Ohio’s First Post-McNeeley Blood Draw Case

In State v. Hollis, 2013-Ohio-2586, the Fifth Appellate District was faced with an appeal of a decision from the Richland County Common Pleas Court. The case was the first forced blood draw decision following the United States Supreme Court ruling in Missouri v. McNeeley, which held "that in drunk-driving inves- tigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.  The decision of the court used the previous rules for exigent circumstances as set forth in Schmerber v. California and does not address or rely upon...

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Ohio OVI Law: State v. Ridenour

Image by dumbeast via FlickrState v. Ridenour, 2010-Ohio-3373, 4th District Court of Appeals July 19: Here, the Defendant was involved in a fatal accident and law enforcement suspected OVI.  A trooper obtained a search warrant for the Defendant's blood  from a Meigs County Judge.  This created an issue as the Defendant was being treated  in a hospital in neighboring Gallia County.  The resulting blood test revealed a BAC of .176.  Defendant challenged the faulty search warrant via a motion to suppress.  The motion was denied and the Defendant was convicted of Aggravated Vehicular Assault.The 4th District Court of Appeals held that...

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Ohio Supreme Court Upholds Fourth Amendment (State v. Smith, 2nd District)

2008-1781.  State v. Smith, Slip Opinion No. 2009-Ohio-6426. Greene App. No. 07-CA-47, 2008-Ohio-3717.  Judgment of the court of appeals reversed, and cause remanded to the trial court. Moyer, C.J., and Pfeifer, O'Connor, and Lanzinger, JJ., concur. Lundberg Stratton, O'Donnell, and Cupp, JJ., dissent. Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-6426.pdf(Dec. 15, 2009) The Supreme Court of Ohio ruled today that the Fourth Amendment prohibition against unreasonable searches and seizures requires police to obtain a warrant before searching data stored in a cell phone that has been seized from its owner in the course of a lawful arrest when the search is not necessary to protect the safety of law enforcement...

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TOO FAR: Forced Catheterization in DUI!

[caption id="" align="alignright" width="144" caption="Image by vvanhee via Flickr"][/caption]ABC 25, WPBF is reporting that a man is suing after a police officer went over the line in a DUI arrest.  According to reports on WLWT the man, Jamie Lockard, 53, was arrested in Lawrenceberg, Indiana (home to Hollywood Casino) on suspicion of drunk driving.  He blew under the legal limit, but that was not enough for officer Brian Miller who obtained a search warrant and went to the hospital where Lockard was strapped to a gurney and forcibly catheterized.  His blood was also ...

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