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.
Ohio Supreme Court cited the following factors in determining whether a statement is voluntary include: totality of the circumstances, age, mentality, and prior criminal experience of the accused; the length, intensity, and frequency of the interrogation; the existence of physical deprivation or mistreatment; and the existence of threat or inducement. (more…)
decision, the Ohio Supreme Court ruled that automatically imposing a lifetime registration requirement for a juvenile sex offender amounts to cruel and unusual punishment and violates the juvenile’s right to due process of law. In 2006, Congress passed the Adam Walsh Act, also known as the Sex Offender Registration and Notification Act (SORN). In 2008, Ohio became the first state to adopt a law that followed SORN. When the Ohio Supreme Court reviewed this law in its 2012 decision, it noted that most of the states refused to pass similar laws, opposing the lifetime sex offender registration and notification requirements for juveniles. This national consensus of rejecting automatic lifetime registration requirements for juveniles was the first of two factors the Court used to strike down this portion of the law. The second step was to look at the court’s own independent judgment on whether this punishment violates the Constitution. In doing so, the Court determined that: (1) the lifetime registration requirement was much more likely to hinder than to help juveniles obtain stable employment and reintegrate into their communities after their release from custody; (2) was contrary to past decisions that held that juveniles should be treated as less morally capable than adults; and (3) was contrary to the juvenile justice system’s primary purpose of rehabilitation rather than punishment. This analysis led the court to conclude that the severity of lifetime registration and notification and lack of adequate justification renders it cruel and unusual under the eighth amendment to the United States Constitution. The law also denied due process because it is automatic and does not allow the court to consider the child’s background or how publication of the offense might affect rehabilitation.
Miranda v. Arizona, 384 U.S. 436 (1966), the court said that the following warnings must be given prior to a custodial interrogation: (more…)