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Posts tagged "Massillon criminal law lawyer"

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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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…)

Intervention In Lieu Of Conviction

Intervention in Lieu of conviction is a program that allows one charged with a crime to obtain a dismissal at the conclusion of the program. In order to be eligible, drug addiction, alcohol addiction, or mental health issues must have played a part in the commission of the offense. The program focuses on treating, rather than punishing, the problem.   Once the charges are dismissed, the record is not sealed off from the public. The arrest record likely still exists. In order to wipe the docket and arrest from the record, one must file to have those records sealed and expunged. When can this record be expunged? Does one have to wait one year for a misdemeanor or three years for a felony? The Ohio Supreme Court addressed this question in State v. Niesen-Pennycuff. In this case, the Ohio Supreme Court held that, because the charges are dismissed at the conclusion of an intervention in lieu of conviction program, there is no conviction. The waiting periods only apply to convictions. Therefore, expungement of the docket and arrest is available immediately. However, the Ohio Supreme Court decided that, just because trial courts can immediately grant a request for expungement, it does not mean that they must. The trial courts could impose their own waiting period, even if the waiting period is as long as those for eligibility for expungement of convictions. A skilled criminal defense attorney, such as this Akron criminal law attorney near Barberton, can help one navigate the different situations and courts. (more…)