Daniel Gigiano

Ohio Traffic Stop Limits

Ohio traffic stop limits extend to those unique to Ohio.  The Ohio Supreme Court, in its Robinette decision, said that police officers may not request consent for a search of a vehicle, once the purpose of the initial traffic stop is completed and there is no evidence of any wrongdoing[…]

Ohio Felony Theft Laws

Ohio Felony Theft Laws are defined in Ohio Revised Code 2913.02.  If the value of the items total one thousand dollars or more but less than seven thousand five hundred dollars, then the offense is theft, a felony of the fifth degree.  This offense has a maximum prison term of[…]

Ohio Shoplifting Laws

Ohio shoplifting laws are covered by the crime of theft.  Theft can be either a misdemeanor or a felony.  Ohio Shoplifting Laws Penalties If the value of the items total less than one thousand dollars ($1,000.00), the offense is petty theft, a misdemeanor of the first degree.  This offense has[…]

Guilty Until Proven Innocent?

I have been noticing a disturbing trend over the past two years.  More potential jurors want convictions.  Some want so badly to return a verdict of guilty that they are willing to ignore the law in order to find the person guilty.  This borders on guilty until proven innocent.  How[…]

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[…]

Death Taxes

Are there death taxes?  Ohio repealed its estate tax effective January 1, 2013.  Does that mean there is no estate tax?  Of course not.  I would not be writing an entire article on this topic if that were the case.  This article was written in 2014, so if you are[…]

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. […]

Miranda Warnings

When police arrest a suspect, the suspect is considered to be in custody.  Because of the psychological power police can have over someone in custody, there are restrictions as to what the police can and cannot do in that situation.  This includes questioning suspects while in custody.  Questioning suspects in[…]

Dressing For Court

Dressing for court is important.  Lawyers have a clear rule: male lawyers wear a minimum of a jacket and tie and usually a suit and tie; female lawyers wear a suit or other professional attire.  If you see an attorney wearing anything else, you will usually hear the attorney apologize[…]