Criminal Law

Bad Lineups Inadmissible

If the identification procedure used by the police is suggestive and unnecessary, it is a violation of the accused person’s rights.  The suggestive nature makes bad lineups inadmissible.  The courts look at the corrupting effect of the suggestive identification against the witness’s ability to make an accurate identification.  Even if[…]

Consensual Searches

When are consensual searches valid?  Generally, if someone gives the police consent to search a house, car, luggage, etc., the police can conduct the search and the court will uphold the search and the items found during the search.  However, in order to consent to a search, the person must have[…]

Good Faith Exception

The police need reasonable suspicion that a crime has been committed prior to pulling someone over or temporarily detaining them.  The police need probable cause to arrest someone.  Even if the police are wrong, as long as they acted in good faith, the stop, detention or arrest is still valid. […]

Ohio Expungement Eligibility Requirements Expanded

Ohio expungement eligibility requirements expanded with the new expungement laws.  Under the old law, a “first offender” was defined as a person with only one conviction on their record.  The new law expanded the definition of “first offender” to someone that “has not more than one felony conviction, not more[…]