News & Events

Typically we don’t summarize Ohio Supreme Court Cases, but we'll make an exception for the monumental decision rendered by the Court this week.

 

State v. Bodyke was decided by the Ohio Supreme Court Wednesday.  The Court found S.B. 10 (aka The Adam Walsh Act), violates the doctrine of separation of powers.  Because persons convicted of sexual offenses pre-S.B.10 were entitled to a hearing on their classification, courts, both trial and appellate, have made determinations on the proper level of threat a person poses to the community.  When the legislature made S.B. 10 retroactive, it took away from the judiciary the power it had over those cases.  Under S.B. 10, the Attorney General (a part of the Executive Branch), makes a new determination based on offense of conviction, which "tier" an offender is placed in.  The determination by the Executive Branch upsets final judgments and usurps judicial power.

If you are subject to the oppressive mandates of sex offender registration, contact our office for a free consultation to determine if this monumental decision can be of assistance to you.

Law enforcement has used audio and video recording against suspects since the devices became financially viable in the 80s.  More recently, they have started to use the devices clandestinely.  Further, many cruisers are now equipped with audio and video recording devices.  Audio and video recordings enhance the safety of law enforcement officers and suspects.  Why, then, are law enforcement officers so upset over Anthony Graber’s use of a video recording device?

 

Mr. Graber was recklessly riding his motorcycle with a video camera strapped to his helmet.  Let me be clear: Mr. Graber’s actions were unconscionable.  He could have killed himself or other people.  He should be cited for his actions.  There is no doubt about this crime, the whole thing is on video tape and Mr. Graber admits he was not riding in a responsible way.

 

But Mr. Graber has become the victim of an irate cop’s childish vendetta.  Trooper Joseph David Uhler was off duty when he saw Mr. Graber’s irresponsible riding.  Tpr. Uhler took it upon himself to draw his service weapon and order Mr. Graber to stop and exit his motorcycle.  That’s right, a guy in plain clothes pulled a gun on Mr. Graber and ordered him off the motorcycle.  Mr. Graber posted the video of Tpr. Uhler’s aggressive and possibly illegal actions on YouTube.  When law enforcement discovered the video, the State Trooper’s office obtained a search warrant for his house and confiscated two desktop computers, two laptop computers and Mr. Graber’s video camera.  Mr. Graber is being charged with felony wiretapping!  What?  According to news reports, Maryland is a two party consent state, so any audio recording must be made with permission of all parties to the conversation.

 

And Mr. Graber isn’t the first victim of overzealous police attempting to suppress citizens’ rights to protect themselves.  In April, a Massachusetts man was arrested for similar conduct when he was stopped on his bicycle for riding too far into the lane of travel.  Notwithstanding cyclists’ rights to use the roads, the police have gone too far.  According to Carlos Miller, police all over the nation are attempting to forbid citizens from protecting themselves.

 

I advise all friends, family and clients to record interaction with law enforcement.  Most people have cell phones.  Most cell phones have the ability to record audio and video.  I also advise people to obtain a digital voice recorder and keep it with them at all times.  Why, you may ask, do we need to be so paranoid about our interactions with law enforcement?  Maybe it’s because I have seen law enforcement officers plot against an innocent woman in order to rid them of responsibility for a fender-bender.  Maybe it’s because I have seen too many videos of law enforcement using excessive force on handcuffed persons.  Just run a YouTube search for police brutality and you will find hundreds of links to not only citizen video, but new accounts of the beatings, taserings and illegal conduct of law enforcement.  Or look in the Ottwa Hills, Ohio conviction of Officer Thomas White for shooting a man in the back. newspapers and see the

 

When law enforcement has been using technology against citizens for decades, why are they now so afraid the citizens are also using it?  Could it be because, when the recording is made by law enforcement, they have control over it?  They have the ability to turn the video and audio on and off with the flick of a switch on their lapels.  They have the ability to review the recordings after the incident and delete them if it doesn’t support their version of the facts.  Law enforcement officers thrive on control.  They are trained from the first moment at the academy to maintain total control of every situation.  They are trained to control the content of their reports.  Video and audio recording by citizens removes the truth from the control of the officers.  I hope lawyers representing these citizens fight tooth and nail to prevent the government from establishing a pattern of this illegal over reaching.

It is one of the first questions I ask new clients: Did they try to question you?  Did you answer their questions?  A client's response to these two questions often makes the difference between a defensible case and certain conviction.  Law enforcement is trained not to obtain an accurate, truthful statement, but admissions.  They convince you to admit little elements of the alleged crime.  The convince you to narrow your legal options.  They make you back yourself into a version of the facts under the highest level of stress you have ever experienced.

The local radio station likes to put one of their personalities on a treadmill and ask him simple questions.  As he gets more questions correct, the treadmill's speed is increased.  Because he is using more energy running, he has less to answer the questions.  Simple mathematical questions become impossible.  Remembering facts about his recent experiences is even more difficult.  The scene shows exactly how law enforcement is able to obtain "confessions" from purely innocent people.  Under the stress of interrogation, people will say whatever the officer wants in order to get out of the stressful situation.

Which is why I tell everyone I know: do not, under any circumstances, talk to cops.  Unless you need their help, you will do yourself no favor whatsoever.  They are interested in obtaining evidence to convict you.  This video does an excellent job of further explaining all the reasons why you should never, ever waive your Fifth Amendment Rights.

As reported here, an Atlanta preacher was executed by Atlanta, Georgia Drug Task Force officers.  Protect and serve guys, protect and serve.