Latest News
- Ohio Attorney General's Law Enforcement Bulletin (April Edition)
- COPS Hiring Program Briefing
- Dont Miss the Boat!
- Ohio Attorney's General Law Enforcement Bulletin (March Edition)
- OPBA Night At Fifth Third Field June 22nd
- OPBA Family Day at Progressive Field June14th Sold Out!
- Market Volatility as The New Norm
- H.R. 218 (The Law Enforcement Officers Safety Act) and the New York State Firearms Law
- Heros Behind The Badge
- Receiving Stolen Property: Possession is Not Enough
- Ohio Police and Fire Pension Fund
- Collective Bargaining Health Care in 2013
- Mayfield Hts Police Win New Motorcycle!
- Bargaining Outlook
- The Last Chance Agreement and The Union's Rights
- Know Your Rights Concerning Union Representation
- Florence v. Board of Chosen Freeholders
- 2013 Cops Ride June 30
- NAPO ENDORSES NATIONAL "BLUE ALERT" ACT OF 2013
- H.R. 218 (The Law Enforcement Officers Safety Act) and the New York State Firearms Law
- Top Cops Nomination Form
- Retirement Rules of Thumb
- Merry Christmas or Happy Holidays...whatever it is you may celebrate.
- Questions Answered
The Ohio Patrolmen's Benevolent Association (O.P.B.A)
untitled
I recently wrote to you about two Ohio Appeals Court cases dealing with the issue of whether law enforcement officers needed a warrant to place a Global-Position-System (“GPS”) tracking device on a suspect’s vehicle when it is parked in a public place.1
As you may recall, the Butler County Court of Appeals held that placing the GPS on the suspect’s van and monitoring its movements, without a warrant, did not constitute a search or seizure under either the Constitution of Ohio or of the United States.
I am revisiting this issue so soon, due to the fact that, as often happens with new technology, the case law governing it is rapidly evolving.
This is illustrated by the fact that the United States Supreme Court, on January 23, 2012, issued a decision which essentially overrules the Butler County Court of Appeals with respect to the issues noted above.
In United States v. Antoine Jones, 2012 U.S. Lexis 1063 (1/23/12), the Supreme Court considered a case where the government obtained a search warrant permitting it to install a GPS on a vehicle registered to a suspected drug dealer’s wife. The warrant authorized installation of the device in Washington D.C. within ten (10) days of its issuance. Instead, the agents installed the device on the eleventh day in Maryland.2 The agents then tracked the vehicle for twenty-eight days. Subsequently, an indictment issued naming the drug dealer and several other persons on drug trafficking conspiracy charges, based substantially, on the information gathered during the surveillance of the vehicle with the GPS device.
The Federal District Court suppressed some of the data obtained from the tracking of the GPS, but, it allowed much of it into evidence on the basis that the drug dealer had no reasonable expectation of privacy when the vehicle was on public streets.3
The Federal Appeals Court for the Washington D.C. Circuit reversed the trial court and held that the admission of the evidence obtained by warrantless use of the GPS violated the Fourth Amendment to the U.S. Constitution.
On appeal, the Supreme Court framed the issue as whether the attachment of a GPS tracking device to an individual’s vehicle, and subsequent use of that device to monitor the vehicle’s movements on public streets, constitutes a search or seizure within the meaning of the Fourth Amendment.
In affirming the Court of Appeals’ reversal of the drug dealer’s conviction and vacating his life sentence, the Supreme Court held that the “installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search.” Jones, supra., at p. 4.
Consequently, the lack of a warrant required the suppression of the data obtained from the GPS tracking device.
A review of the Supreme Court’s decision emphasizes the evolving nature of and the difficulty of addressing matters relating to the utilization of advancing technology in law enforcement. Although there were no dissenters in the case, there were concurring opinions that illustrated that the Court was by no means unanimous in deciding how to apply the centuries-old constitutional language and hundreds of years of precedent to extremely sophisticated and rapidly changing technology.
Accordingly, the law in this area is sure to continue to change as quickly as the cutting edge technology that it seeks to regulate.
Finally, on a topic totally unrelated to the foregoing, the Columbus Dispatch and several other large newspapers reported, on or about January 21, 2012, that a prison guard, employed by the State of Ohio, in the Southwestern part of the State was terminated for allegedly making threats against Governor John Kasich on his Facebook page. The post allegedly stated, “OK, we got Bin Laden… lets go after Kasich next. Who’s with me?”
The employee has indicated, as most fair-thinking people would probably conclude, that he meant it as a joke and that it was taken out of context.
While that may be true, this further illustrates the growing problem related to law enforcement employees suffering serious discipline due to posting material on social media sites.
Regardless of how that case is decided on appeal, it further emphasizes the need for law enforcement-related employees to exercise common sense and good judgment when utilizing social media.
[1] See State v. Kelly, 188 Ohio App.3d 842, 937 N.E.2d 149 (12th Dist. 8/2/2010) and State v. Johnson, 190 Ohio App.3d 750 (12th Dist. 11/29/2010).
[2] For purposes of the litigation, the government conceded that it had not complied with the warrant’s requirements and, instead, argued that a warrant was not necessary.
[3] This was the same rationale relied on by the Butler County Appeals Courts in allowing the data into evidence in Kelly and Jones, supra.
The Economic OutlookThe last few articles I have written have been fairly depressing. The economy had been growing slowly and none too surely. Conflicts were increasing and wages were dwindling. I didn’t take any pleasure writing them. Balancing Your Investment Choices With Asset AllocationA chocolate cake. Pasta. A pancake. They’re all very different, but they generally involve flour, eggs, and perhaps a liquid. Depending on how much of each ingredient you use, you can get very different outcomes. The same is true of your investments. Balancing a portfolio means combining various types of investments using a recipe that’s right for you. Getting the right mixThe combination of investments you choose can be as important as your specific investments. The mix of various asset classes, such as stocks, bonds, and cash alternatives, accounts for most of the ups and downs of a portfolio’s returns. Balancing risk and returnIdeally, you should strive for an overall combination of investments that minimizes the risk you take in trying to achieve a targeted rate of return. This often means balancing more conservative investments against others that are designed to provide a higher return but that also involve more risk. For example, let’s say you want to get a 7.5% return on your money. Your financial professional tells you that in the past, stock market returns have averaged about 10% annually, and bonds roughly 5%. One way to try to achieve your 7.5% return would be by choosing a 50-50 mix of stocks and bonds. It might not work out that way, of course. This is only a hypothetical illustration, not a real portfolio, and there’s no guarantee that either stocks or bonds will perform as they have in the past. But asset allocation gives you a place to start. Many ways to diversifyWhen financial professionals refer to asset allocation, they’re usually talking about overall classes: stocks, bonds, and cash or cash alternatives. However, there are others that also can be used to complement the major asset classes once you’ve got those basics covered. They include real estate and alternative investments such as hedge funds, private equity, metals, or collectibles. Because their returns don’t necessarily correlate closely with returns from major asset classes, they can provide additional diversification and balance in a portfolio. Asset allocation strategiesThere are various approaches to calculating an asset allocation that makes the most sense for you. Things to think about
DROP IRAImportant Funding Message FY12 Cops Hiring GrantsSolicitations for application for FY12 cops hiring funding begins today, Thursday, March 1st. The deadline for applications is Thursday, March 22nd. Jeff Pedicino OPBA's 4th Executive DirectorJeff PedicinoWill Become the |



4th Executive Director 

