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Search and Seizure Due Process

Updated 12.15.09  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
 
The Ohio Supreme Court became the first state supreme court in the US to rule that police need a warrant to search the contents of cell phones. The decision was issued on December 15, 2009, in the case State v. Antwuan Smith.

Read the ACLU of Ohio’s amicus brief in the case.
Read the ACLU of Ohio press release regarding the decision.
Check out Note to Police: Cell Phones Really Are Hands-Free, a Blog of Rights post on the case.

ACLU of Ohio Legal Actions

KindHearts for Charitable Humanitarian Development, Inc. v. Geithner et al.
The ACLU and several civil rights lawyers have sued on behalf of KindHearts for Charitable Humanitarian Development, Inc., an Ohio-based charity whose property was frozen by the U.S. Treasury Department's Office of Foreign Assets Control based simply on the assertion that KindHearts was "under investigation."  Get details in our legal docket.

Warshak v. United States
In March 2005, the federal government began investigating a company owned by Steven Warshak. The FBI and U.S. Postal Inspection Service secured a sealed order under the Stored Communications Act, enabling them to secretly search and seize Mr. Warshak's email with the help of several Internet service providers. Read about the lawsuit.

Elkins, et. al. v. Bucyrus City School District et. al.
In 2008, nine Bucyrus Middle School students were subjected to an illegal strip search by the school in an attempt to find cigarettes. The ACLU of Ohio filed suit challenging the searches and prevailed.

Juvenile Waiver of Appointed Counsel
In 2007, the Ohio Supreme Court, in a case known as In Re: Spears, affirmed that appointment of counsel is mandatory in all cases where a juvenile does not have a parent or guardian available for advice, and allows juveniles to waive counsel only if the decision is made voluntarily, knowingly and intelligently. The ACLU of Ohio, along with several coalition partners, filed an amicus brief in this case.

Read more about juveniles’ access to counsel.

Legislation

Ohio is one of 47 states to provide those convicted of a crime with limited access to DNA testing. S.B. 77, currently before the Ohio General Assembly, would expand those rights. Read more about S.B. 77 on our Criminal Justice page.

In 2008 a law went into effect requiring individuals suspected of DUI to submit to testing of their bodily fluids, without a warrant, when they’ve been convicted of DUI at least twice before. Read our press release and testimony against the legislation. 

 

What’s Happening Nationally

Military Detainees
The ACLU has long raised questions about the treatment of detainees at Guantanamo Bay.  Read more.

PATRIOT Act
The USA PATRIOT Act contains provisions that impact our search and seizure and due process rights. Some provisions are due to expire on December 31, 2009. Read more on the national ACLU website.
 

Resources

What to Do If You're Stopped by the Police, our popular bust card 
Print a version for distribution.

Students! Know Your Rights guide
 
Visit the national ACLU’s web page on criminal justice.

Find press releases and articles about search and seizure and due process in our News Center.