Law Enforcement Bulletin October 2014

Ohio Attorney General's Law Enforcement Bulletin

October 2014

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Search and Seizure (Community Caretaking Exception): State v. Barzacchini; State v. Hendrix; and State v. Leveck

Gavel

The community caretaking exception to the warrant requirement is only available when you have a reasonable, objective belief immediate assistance is needed to protect life or prevent serious injury.  Otherwise, you need a warrant.


Miranda (Public Safety Exception): State v. Brown

If you have an objectively reasonable need to protect yourself or the public from an immediate danger associated with a weapon, you can question a suspect without giving Miranda warnings.  

Proper Protocol (Sting Operation, Receiving Stolen Property): Young v. Owens

When conducting a sting operation on a Receiving Stolen Property case, statute requires the seller to give an explicit representation to the buyer that the goods were stolen.  

OPOTA Courses Available This November

The Attorney General’s Ohio Peace Officer Training Academy (OPOTA) offers state-of-the-art courses led by expert instructors. Consider taking a course this November.