Ohio justices: Cell phone searches require warrant
Lawyer Blogs
The Ohio Supreme Court said Tuesday police officers must obtain a search warrant before scouring the contents of a suspect's cell phone, unless their safety is in danger.
The American Civil Liberties Union of Ohio described the ruling as a landmark case. The issue appears never to have reached another state high court or the U.S. Supreme Court.
The Ohio high court ruled 5-4 in favor of Antwaun Smith, who was arrested on drug charges after he answered a cell phone call from a crack cocaine user acting as a police informant.
Officers took Smith's cell phone when he was arrested and, acting without a warrant and without his consent, searched it. They found a call history and stored numbers that showed Smith had previously been in contact with the drug user.
Smith was charged with cocaine possession, cocaine trafficking, tampering with evidence and two counts of possession of criminal tools.
During his trial, Smith argued that the evidence obtained through the cell phone search was inadmissible because it violated the constitutional ban on unreasonable search and seizure.
Related listings
-
NC appeals court temporarily halts inmate release
Lawyer Blogs 12/15/2009North Carolina's appeals court has temporarily blocked the release of two convicted murderers sentenced under a 1970s law that limited life terms.The court clerk issued an order Monday afternoon approving a request to halt the case, but he gave no ex...
-
Senators revise climate bill to court GOP support
Lawyer Blogs 12/11/2009Senators trying to craft bipartisan climate legislation offered a revised proposal Thursday that would add incentives for building nuclear power plants and open the way for expanded oil and gas drilling off the nation's coastlines in hopes of attract...
-
Appeals court puts Mattel's Bratz takeover on hold
Lawyer Blogs 12/10/2009The pouty-lipped Bratz dolls can strut their stuff a little longer.A federal appeals court panel in Pasadena on Wednesday suspended an order that MGA Entertainment stop selling Bratz products this year, recall remaining toys and give ownership of the...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.