Many states, including Ohio, criminalize the refusal to submit to alcohol testing after being arrested for DUI. The United States Supreme Court, in ruling mandatory DUI blood tests unconstitutional, imposed severe limits on such state laws.
Individual Rights And Liberties Are More Important Than Getting Tough On Crime
This case sends a message to get tough on crime advocates: citizens' personal liberty cannot be infringed in the name of enforcing criminal laws. The United States was formed on the notion of individual rights and freedoms. The U.S. Supreme Court reminded us of this fact in its decision.
Identifying courts and court personnel in Ohio courts requires the right resources. There are trial courts, courts of appeals, supreme courts, and the people who work at these courts. This article is a guide for the some of the most common Ohio courts the people who work there.
The Ohio Supreme Court, in State v. Dunn
, ruled that the police can make a warrantless stop to give emergency aid. In this case, the officer received a radio dispatch that there was a suicidal male driving a tow truck who was planning to kill himself. Although the officer did not observe any traffic violations, the vehicle stop was upheld by the Ohio Supreme Court. The Ohio Supreme Court said that the stop was justified under a community caretaking or emergency aid exception to the Fourth Amendment’s restrictions for warrantless searches and seizures. Because police have a duty “to provide emergency services to those who are in danger of physical harm” such stops will often be held to be valid. This exception eliminates the need to show a reasonable basis to rely on the accuracy of a tip
, as that standard only applies to investigating suspected criminal activity.
What is prosecutorial misconduct? Improper remarks during trial, failure to disclose exculpatory evidence and knowing use of perjured testimony are just a few examples. Sometimes, a prosecutor’s misconduct amounts to grounds for reversible error under Ohio Revised Code 2945.79 (R.C. 2945.79
What comments can give rise to prosecutorial misconduct? The following examples are remarks that can deprive the defendant of a fair trial:
- Adversely commenting on a defendant’s failure to testify at trial.
- Use of a defendant’s silence before or after arrest as substantive evidence of guilt.
- Unfair or derogatory personal references to defense counsel during trial.
Can a person waive the right to remain silent? The Fifth Amendment to the United States Constitution guarantees the right to remain silent, often referred to as “pleading the fifth.” Ohio also guarantees this right in Article 1, Section 10 of the Ohio Constitution.
In the United States Supreme Court’s landmark decision in Miranda v. Arizona, 384 U.S. 436 (1966)
, the court said that the following warnings must be given prior to a custodial interrogation:
Traffic stops cannot be extended for a drug dog sniff. On April 21, 2015, the United States Supreme Court, in Dennys Rodriguez v. United States
, held that police may not keep the motorist waiting after the ticket is written they have no reasonable suspicion justifying the extra time. Essentially, police may not turn routine traffic stops into drug searches using trained dogs. Police officers who stop a car for a traffic violation are justified in “checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance.” “These checks serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safely and responsibly.” A dog sniff is “not an ordinary incident of a traffic stop,” but is instead, “a measure aimed at detecting evidence of ordinary criminal wrongdoing.” (more…)