Can a juvenile court give an adult sentence? It sure can. However, this option is only available for a Serious Youthful Offender (SYO), which blends juvenile and adult sentences. Bindovers to adult court are not included in this article, as those cases involve a hearing to determine if a juvenile should be tried as an adult, and, if so, the juvenile’s case is transferred to adult court. SYO exists in the world between the typical juvenile proceedings and adult court.
Ohio has a unique restriction on traffic stops. The Ohio Supreme Court, in its Robinette decision, said that police officers may not request consent for a search of a vehicle, once the purpose of the initial traffic stop is completed and there is no evidence of any wrongdoing beyond the reason for the traffic stop. The Supreme Court of Ohio said that the courts have an obligation to protect the ordinary law-abiding citizen from intrusive, illegal and overbearing government action. This protection is necessary because most people are not aware of their right to refuse consent to a search of their vehicle.
The United States Supreme Court, in its review of this decision, declined to adopt this rule for the entire nation. In doing so, the rule was left intact in Ohio. This was an unfortunate decision, as the Ohio Supreme Court got it right in this instance. Authorities should not be allowed to further detain people and request consent after they have already issued a citation, and checked for license, registration and insurance. This person should be free to drive off without being subjected to a fishing expedition. (more…)
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