Tag Archives: Police officer

Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Heien v. North CarolinaNo. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment.

Heien v. North Carolina

In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail light. Subsequently, a search of the car found a plastic bag containing cocaine. Where this case takes a turn is when we learn [Read the full post. . .]

Christmas Party DUI Arrest? We Can Help!

Christmas party DUI Arrest - Tips to Avoid a Bad ScenarioSUMMARY:  Nobody plans on a Christmas Party DUI Arrest, but police  are out in force during the Christmas Holiday Season.  If you plan to drink and drive, prepare yourself ahead of time in these three ways:  Protect Yourself, Educate Yourself and Empower Yourself with knowledge.  See details below.

‘Tis the season for Christmas parties and Christmas party DUI arrests. If you are arrested you may be thinking, “What do I do now?” Being arrested for DUI is a frightening and [Read the full post. . .]

Underage Consumption And Ohio’s College Students: Know Your Rights

underage consumptionBeing charged with “underage consumption” is a common occurrence on Ohio college campuses.  The crime of underage consumption is a violation of Ohio Revised Code, which prohibits possessing, consuming or being under the influence of alcohol under the age of 21.  Holding an alcoholic beverage and/or being intoxicated in a public place is enough to sustain the charge.  Students sometimes mistakenly believe that an officer must give them a breathalyzer test to “prove” intoxication.  This is not [Read the full post. . .]

Stop & Sniff Case Law Update (by DaytonDUI)

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer standardized field sobriety tests.  One of the major decision points in the OVI arrest process is the officer’s decision to remove [Read the full post. . .]

Standardized Field Sobriety Tests: The One Leg Stand Test

English: Bridget Sloan performs on the balance...

The Standardized Field Sobriety Tests (SFST) are a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting [Read the full post. . .]