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OH1: Hospital security guards commissioned under state law are state actors

By John Wesley Hall, Jr.

Hospital security guard commissioned to arrest under Ohio law was a state actor. His arrest of the defendant for trespass in a hospital lobby was valid. State v. Hughes, 2008 Ohio 3966, 2008 Ohio App. LEXIS 3384 (1st Dist. August 8, 2008).* Even if the initial entry into defendant's apartment was invalid, the search warrant was valid as based on an independent source of previously obtained information. Defendant's challenge to the trial court's finding was premised on the initial entry and not the independent source issue. State v. Diaz, 2008 Conn. App. LEXIS 400 (August 5, 2008).* "[A] request for consent to search does not constitute interrogation." State v. Rippe, 2008 Haw. App. LEXIS 455 (July 31, 2008).* Officer had probable cause to arrest defendant for obstructing an officer when he directed her to show her concealled hands as he was retreating from another person he was afraid would assault him...continue to full post

Full post as published by Fourth Amendment on August 10, 2008 (boomark / email).