The Fifth Appellate District has ruled that the statutes and Evidentiary Rules mentioned above only apply to trial testimony against the Defendant.  If the Defendant loses on his motion to suppress, and then pleads no contest, then no error has been committed if the police never actually testified in trial against the suspect.[1] This seems… Read More: If the Police Officer Who Arrested Me was not in… »

The answer in Ohio is:  “maybe.” the rule in Ohio is that in order for a police officer to be competent to testify against you in a court of law, if he was primarily on duty for the purpose of enforcing traffic laws, then he must be in the proper uniform of the day and… Read More: Can I Be Stopped and Arrested by an Off Duty… »

In Ohio, the answer to this question is “maybe.” The first thing that should be noted is that for the officer to be found incompetent to testify, he must be out of uniform or in an unmarked car while he is Exclusively or Primarily On Duty for the purpose of enforcing the traffic laws. In… Read More: If the Police Officer Who Arrested Me Was Not in… »

The Ohio Rules of Evidence, specifically  Evid. R. 601(C ) describes persons incompetent to testify in court proceedings.  One of these incompetents is: An officer, while on duty for the exclusive or main purpose of enforcing traffic laws, arresting or assisting in the arrest of a person charged with a traffic violation punishable as a… Read More: What Rule or Law Requires Police Officers on Traffic Duty… »

Ohio law requires its peace officers and highway patrol officers to drive around in marked cars and wear distinctive uniforms if they want to enforce the traffic laws of the State of Ohio.  According to the Supreme Court, it was the intent of the General Assembly, in part, when it adopted the statutes, to curb… Read More: Do Police Officers on Traffic Duty Have to Use Marked… »