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. If the criminal record computer system, otherwise known as LEADS, shows that someone has an arrest warrant, the police can arrest the person. Even if that computer entry later turned out to be wrong and the warrant was quashed well before the arrest was made, the arrest is still valid because the police were acting on good faith reliance on the computer records. The computer records, which includes LEADS and BMV records, tells police the person’s record, whether the driver’s license is valid, active warrants, active civil protection orders, and violent tendency warnings.
It Takes Time To Completely Quash Warrants
When my clients have arrest warrants quashed, civil protection orders dismissed, or driver’s license suspensions lifted, I warn them to be careful for the next two days because these things may still be in the computer system. While most courts quickly submit the information to the Sheriff’s office and the Sheriff’s office quickly takes the information out of LEADS, even the quickest process will have some minimal delay. Therefore, I tell my client to carry the court papers with them and refrain from doing the prohibited action for a short while longer, whether that includes driving or having contact with someone. Otherwise, the police could make an arrest on good faith reliance on the information stored in the computer database.
Other Articles By Attorney Daniel Gigiano
To learn more, read my other related posts, where I wrote about Ohio juveniles can go to adult prison, an agreed sentence is not a guaranteed sentence, are your charges eligible for lower Ohio prison terms, ways to avoid jail in Ohio, jail time credit in Ohio, new Ohio DUI laws, when theft is no longer a misdemeanor in Ohio, Ohio law prohibits stealing from stores, and sealing a conviction in Ohio just got easier. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section. My hard work and results are reflected in the positive reviews from my clients: Daniel Gigiano reviews; Daniel Gigiano ratings; and Daniel Gigiano work.
Attorney Daniel Gigiano. Experienced. Knowledgeable. Aggressive.
Attorney Gigiano’s office is located in Wadsworth, Medina County, Ohio. If you have questions about this or other questions you need answered by an experienced criminal defense lawyer, please call Attorney Daniel F. Gigiano at 330-336-3330. Attorney Gigiano has defended individuals accused of crimes in the courts in Medina, Wooster, Akron, Barberton, Massillon, Canton, and Wadsworth..