Legal and Administration Flashcards

An Ohio peace officer conducts a traffic stop for a minor moving violation. During the stop, the officer develops a reasonable suspicion that the driver is armed and dangerous. According to Terry v. Ohio, what is the officer legally permitted to do?

Answer: Conduct a pat-down search of the driver's outer clothing for weapons.

The landmark Supreme Court case Terry v. Ohio established that if an officer has a reasonable, articulable suspicion that a person they have lawfully stopped is armed and dangerous, the officer may conduct a limited pat-down search (or 'frisk') of the person's outer clothing to discover weapons. This is for the officer's safety and is not a full search for evidence.

Which of the following is NOT a justifiable reason for a peace officer in Ohio to use deadly force?

Answer: To stop a fleeing suspect who has just committed a non-violent property crime.

Under Ohio law and established case law (like Tennessee v. Garner), deadly force is only justified under narrow and severe circumstances. It cannot be used simply to stop a fleeing suspect unless the officer has probable cause to believe the suspect poses a significant threat of death or serious physical harm to the officer or others. A non-violent property crime does not meet this high standard.

An officer responds to a domestic dispute. After separating the parties, one individual privately tells the officer that the other person has illegal narcotics hidden in their shared bedroom. Without a warrant, consent from the other party, or exigent circumstances, the officer searches the bedroom and finds the drugs. What legal principle will likely prevent the drugs from being used as evidence in court?

Answer: The Exclusionary Rule

The Exclusionary Rule, established in Mapp v. Ohio, states that evidence obtained in violation of the Fourth Amendment's protection against unreasonable searches and seizures is inadmissible in a state court criminal proceeding. Since the officer did not have a warrant, consent from the subject of the search, or a valid exception to the warrant requirement, the search was illegal, and the evidence found is subject to suppression.

Under Ohio's discovery rules (Criminal Rule 16), the prosecution has a continuing duty to disclose certain information to the defense upon a proper request. Which of the following must the prosecution typically provide?

Answer: Any evidence favorable to the defendant that is material to guilt or punishment.

Ohio Criminal Rule 16 mandates reciprocal discovery. A key requirement for the prosecution is the disclosure of all exculpatory evidence—that is, evidence favorable to the defendant and material to either guilt or punishment. This is also known as the 'Brady rule.' Withholding such evidence is a due process violation.

An Ohio peace officer is sued civilly for actions taken during an arrest. The officer may be protected from liability by a legal concept that shields government officials from damages as long as their conduct does not violate clearly established statutory or constitutional rights. What is this concept called?

Answer: Qualified Immunity

Qualified immunity protects government officials, including police officers, from liability in civil lawsuits unless their conduct violates a plaintiff's constitutional rights that were 'clearly established' at the time of the incident. This means a reasonable officer in the same situation would have known their actions were unlawful.

During a routine patrol, an officer sees what they immediately recognize as a bag of marijuana sitting on the passenger seat of a legally parked car. The car doors are unlocked. Which legal principle allows the officer to seize the contraband without a warrant?

Answer: The Plain View Doctrine

The Plain View Doctrine allows an officer to seize evidence and contraband found in plain view during a lawful observation. For the doctrine to apply, the officer must be lawfully in the location from which the object can be viewed, and the incriminating character of the object must be immediately apparent.