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ACLU Statewide Conference
July 28, 2012 Your Voice! Your Power! 2012

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Search and Seizure / Due Process

Updated 08.05.11 The Fourth and Fifth Amendments to the U.S. Constitution establish restrictions on government searches and seizures and guarantee us due process of law. Unfortunately, in times of crisis, government officials often abuse their power and erode these protections. Even in more ordinary circumstances, a zeal to enforce the law may lead law enforcement officials to sidestep their duty to respect and protect our rights.


What's Happening in Ohio


Cell Phone Searches
In 2009, The Ohio Supreme Court became the first state supreme court in the U.S. to rule that police need a warrant to search the contents of cell phones in State v. Antwuan Smith. The ACLU filed a legal brief in support of the defendant’s privacy rights.


National Security and Civil Liberties Abuses in Ohio
While the War on Terror has led to abuses of human rights and civil liberties across the U.S. and the world, Ohioans have also had their rights violated in the name of national security. In one example, the ACLU of Ohio and several other civil rights groups have sued on behalf of KindHearts, a Toledo-based charity. In 2006, the U.S. Treasury Department's Office of Foreign Assets Control froze the charity's assets, based simply on the assertion that it was "under investigation." More details about the case are available on our legal docket.


Juvenile Waiver of Counsel
The ACLU of Ohio, the National ACLU, the Children’s Law Center and the Ohio Public Defender have formed a partnership to investigate the extraordinarily high rates at which Ohio youth waive their right to counsel in delinquency proceedings. As a result of these efforts, the Ohio Supreme Court issued new guidelines through In Re: Spears to help ensure youth are adequately advised of their rights before waiving their right to counsel. However, there is more work to be done on the issue, and the ACLU of Ohio has filed a legal brief in support of one minor whose right to counsel was violated in the case, In Re: M.W. For more information, visit our legal docket.


What’s Happening Nationally


The War on Terror and Civil Liberties
The ACLU has long raised questions about the treatment of detainees at Guantanamo Bay. Read more. The USA PATRIOT Act contains provisions that impact our search and seizure and due process rights. Some of these provisions are due to expire on June 1, 2015. Read more on the national ACLU website.


Resources

Visit our Criminal Justice, Juvenile Justice, and Police Practices issues page for more information about search and seizure issues.

Check out our Publications page for more resources on criminal justice issues.

ACLU Criminal Law Reform Project, News and resources on criminal justice issues

Electronic Frontier Foundation, Publications and news on technology, free speech, and privacy rights

Read news releases and articles on search and seizure and due process in our News Center.

Browse our webcasts for due process-related programs:
Audio webcasts
Video webcasts