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Ohio Cell Phone Search Requires Search Warrant

Apple and the FBI have gotten a lot of attention lately on the government’s power to search cell phones.  Apple refused to unlock its phones and FBI figured out how to do it by themselves.  Long before this battle ensued, the Ohio Supreme Court issued the following decision: Ohio cell phone search requires search warrant

 

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Police Cannot Search Legally Parked Cars Without A Warrant

In 2016, the Ohio Supreme Court issued a ruling that declared that the  police cannot search legally parked cars without a warrant.  The arrest of an occupant of the vehicle does not, by itself, give the police authority to search legally parked vehicles.

 

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No Time Limit On Charging Crimes When One Flees To Avoid Prosecution

There is no time limit on charging crimes when one flees to avoid prosecution. In State v. Bess, the Ohio Supreme Court ruled that Ohio law tolls or stops the running of the statutes of limitations when the offender purposefully avoids prosecution. This applies to crimes that had not yet been charged or even discovered, as long as the offender purposefully avoids prosecution. In this case, Bess learned in 1989 that he was being investigated for raping a young girl. He fled to Georgia and assumed a false identity in order to avoid prosecution. He was indicted later that same year. He remained in Georgia until he was arrested in 2007 and returned to Ohio. During trial preparation, the prosecutor interviewed the girl’s brother and learned for the first time that he too was raped by Bess. A second indictment charged Bess with that rape. Bess was convicted. While there was no question that the State of Ohio could try Bess for rape of the girl, the real question was whether he could be charged and convicted of a crime eighteen years after he purposefully fled to avoid prosecution. The Ohio Supreme Court said that he could be charged and convicted in this manner because he purposefully fled the jurisdiction to avoid prosecution. (more…)

Search Of Abandoned Property Admissible

In State v. Gould, the Ohio Supreme Court held a search of abandoned property admissible when it held that the police can search an abandoned hard drive. The suspect in this case had left a hard drive behind in his apartment in August 2006. When he left the apartment, he stole a truck belonging to his brother, who was also his roommate. He also concealed himself until he was arrested in Michigan in June 2007. The suspect never asked about the hard drive and never tried to get it back. The Ohio Supreme Court ruled that these actions amounted to abandonment of the hard drive. Because the property was abandoned, the police were free to search the hard drive when the suspect’s mother turned it over to them.   (more…)