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Author Archives: Robert Walton, Esq.
Providing a Good Defense – Obtaining Discovery and Public Records
One of the things Phil Korey taught me is perseverance in investigating a criminal case. A part of that is making full use of Crim. R. 16, due process, the Public Records Act and our intuition. Crim R. 16. It’s always good to review what must be provided by the state in response to a […]
The Community Caretaking Doctrine and Fourth Amendment Reasonableness
A car is parked on the shoulder of a freeway late at night. It is not impeding traffic and nobody has called the police about the car. It does not appear to be damaged and there are not any people standing outside of it. The weather is good. A police officer pulls off to the berm […]
<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> Criminal, Search & Seizure
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Reasonable Suspicion to Make a Traffic Stop Based on a Tip and an Officer’s Observations
By Robert G. Walton Esq. and Danielle Muster, his law clerk. On June 24, 2021, Supreme Court of Ohio decided State v. Tidwell, Slip Opinion No. 2021-Ohio-2072, which stemmed from a motion to suppress in an OVI case. Early in the opinion the Court stated that the principal issue was whether a police officer had […]
<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> OVI, Search & Seizure, Traffic
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Lange v. California: “No Categorical Warrantless Search Exception” Where Misdemeanant Flees into Home
By Robert G. Walton Esquire and Danielle Muster, his law clerk. On June 23, 2021, the United States Supreme Court handed down a decision in Lange v. California, 594 U. S. ____(2021). The principal issue was whether the pursuit of a fleeing misdemeanor suspect categorically qualifies as an exigent circumstance justifying a warrantless entry into […]
<span class="entry-utility-prep entry-utility-prep-cat-links">Posted in</span> General, Search & Seizure, Traffic
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Miranda Custody
Often, a person who has been detained (Terry stop, traffic stop) is “in custody ” for Miranda purposes before a formal arrest occurs. That is important because the procedural safeguards adopted by Miranda become necessary once a defendant is taken into custody.