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Legal Research

: Stark County Law Library Blawg

Two Ohio Supreme Court Cases

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Warrantless Search of Cell Phone Data Barred Unless Necessary for Officer's Safety or to Preserve Evidence

From the site: "2008-1781.  State v. Smith, Slip Opinion No. 2009-Ohio-6426.

Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-6426.pdf

View oral argument video of this case.

The Supreme Court of Ohio ruled today that the Fourth Amendment prohibition against unreasonable searches and seizures requires police to obtain a warrant before searching data stored in a cell phone that has been seized from its owner in the course of a lawful arrest when the search is not necessary to protect the safety of law enforcement officers and there are no exigent circumstances."

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Court Limits Application of Earlier Decision

From the site: "2008-0584 and 2008-0630.  Medcorp, Inc. v. Ohio Dept. of Job & Family Servs., Slip Opinion No. 2009-Ohio-6425.


Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-6425.pdf

View oral argument video of this case.

In response to a motion for reconsideration of a decision it handed down earlier this year, the Supreme Court of Ohio today issued an order limiting application of its May 7 ruling in Medcorp Inc. v. Ohio Department of Job & Family Services (ODJFS) to cases in which an appeal of an administrative agency order was filed after the announcement of the Medcorp decision."

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The active links are available at the source site listed below.

Source: The Supreme Court of Ohio, 15 December 2009

Full post as published by Stark County Law Library Blawg on December 16, 2009 (boomark / email).

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