Tag Archives: Police officer

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

Heien v. North Carolina, No. 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. In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail…
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Christmas Party DUI Arrest? We Can Help!

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

Being 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…
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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…
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Standardized Field Sobriety Tests: The One Leg Stand Test

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…
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Illegal Police Stops (by DaytonDUI)

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or…
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Standardized Field Sobriety Tests: Validity

WHEN ARE THE STANDARDIZED FIELD TESTS VALID? The standardized field sobriety tests, as set forth in the National Highway Traffic Safety Administration Student Manual (Feb. 2006 ed.), are described in Session VIII.  The NHTSA manual provides the standards upon which every law enforcement officer is trained.  One important piece of information about standardization is included…
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Junk Science in Ohio DUI/OVI Cases

[caption id="attachment_26" align="alignleft" width="150" caption="Intoxilyzer 8000"][/caption] When you hear a DUI/OVI attorney decrying "junk science" that is used in court, they are most likely referring to the fact that the air blown into the breath test machine for purposes of testing cannot be the same air that is exchanged with the deep lung alveolar sacs.…
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Ticketed for Sounding TOO Fast!

Image by myfear via Flickr Ohio Court of Appeals rules that a police officer cannot issue a speeding ticket because a car sounds fast. The Ohio Court of Appeals on Monday ruled that a motorist cannot be convicted of speeding based solely on how fast his car may have sounded. On October 18, 2007, Patrolman…
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TOO FAR: Forced Catheterization in DUI!

[caption id="" align="alignright" width="144" caption="Image by vvanhee via Flickr"][/caption] ABC 25, WPBF is reporting that a man is suing after a police officer went over the line in a DUI arrest.  According to reports on WLWT the man, Jamie Lockard, 53, was arrested in Lawrenceberg, Indiana (home to Hollywood Casino) on suspicion of drunk driving. …
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