Get a Warrant – if you want to search that cellphone

Last month, the United States Supreme Court established a bright line rule for police officers.   If you want to search a cellphone incident to an arrest – get a warrant.  In Riley v. California, the Court held the police, generally may …

Judge chases Public Defender out of town; no lawsuit

The Sixth Circuit threw out a case by a Public Defender who was run out of town by the local judge in the small town of Gallipolis.  After robust motions and critical comments, Judge Evans would not sit on any …

Fourth Amendment and Consent Searches

Public Law Update – SCOTUS refines case law governing consent searches, thereby limiting its Randolph decision. On February 25, 2014, the Supreme Court made clear that, under certain circumstances, the Fourth Amendment allows one occupant to consent to a search, even after …

SB 93 – Open Meetings To Include Fact-Finding

Public Law Update – SB 93 aims to change many things about Ohio’s Open Meeting Act, including when it’s triggered. While supporters of SB 93 believe the bill will close loopholes, others may not so readily agree. Since 1993, meetings …

New Home Mortgage Rules

On January 10 and January 18, 2014, new home mortgage rules became effective.  These rules are complex and voluminous.  They provide detailed regulation of a lender’s determination of the ability to repay loans, high rate home equity lines of credit (HOEPA), and …

TASER on arrestee who is neither helpful nor resisting: no immunity

Sixth Circuit holds in the case of an officer who comes upon a suspect in Hardees who has been disruptive, but who is unresponsive and not struggling.  Officer deploys TASER three times in short span to get compliance.  Although officer claims that …

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