Tuesday, May 28, 2013

Ohio Arrest, Search and Seizure 2013 Ed. (Baldwin's Handbook Series)

Recent developments covered in the 2013 edition include:

  • Is police use of a drug-sniffing dog on the porch of a house, to investigate an unverified tip that marijuana is being grown in the house a "search" for Fourth Amendment purposes?  See Florida v. Jardines, 2013 WL 1196577 (U.S. 2013), discussed in Section 1:14 of this book.
  • Will an outstanding warrant save an illegal stop where, at the time of the stop, the officer was unaware of the warrant?  See State v. Gardner, 2012-Ohio-5683, 984 N.E.2d 1025 (2012), discussed in section 15:17.
  • Is a questionable affidavit for a search warrant to search for child pornography on a computer sufficiently bolstered by cyber tips from Yahoo? See State v. Eal, 2012-Ohio-1373, 2012 WL 1078331 (Ohio Ct. App. 10th Dist. Franklin County 2012), appeal not allowed, 132 Ohio St. 3d 1515, 2012-Ohio-4021, 974 N.E.2d 113 (2012) discussed in Section 7:6.

Friday, May 24, 2013

Baldwin's Ohio Employment Practices Law

Recent developments in the 2013 edition include:

  • Discussion of rulingsof the National Labor Relations Board as to whether widely observed employer practices impermissibly restrict concerted activity by employees in violation of federal law. See section 2:4.

  • The decision of the Ohio Supreme Court in the case of Lawrence v. City of Youngstown, 133 Ohio St. 3d 174, 2012-Ohio-4247, 977 N.E. 2d 582 (2012), in which the court held that an employer had an affirmative responsibility to provide an employee notice of the employee's discharge within a reasonable time after the discharge occurred, to avoid impeding the discharged employee's 90-day notification oblications under the Ohio statute governing the time limit for an employee to provide written notice to an employer of a worker's compensation retaliation claim against the employer. See section 3:36.