Category Archives: Search & Seizure

The Community Caretaking Doctrine and Fourth Amendment Reasonableness

Posted on March 16, 2022 by Robert Walton, Esq.

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 […]

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Reasonable Suspicion to Make a Traffic Stop Based on a Tip and an Officer’s Observations

Posted on September 9, 2021 by Robert Walton, Esq.

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 | Comments Off on Reasonable Suspicion to Make a Traffic Stop Based on a Tip and an Officer’s Observations

Lange v. California: “No Categorical Warrantless Search Exception” Where Misdemeanant Flees into Home

Posted on September 7, 2021 by Robert Walton, Esq.

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 | Comments Off on Lange v. California: “No Categorical Warrantless Search Exception” Where Misdemeanant Flees into Home