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Articles 1111 - 1136 of 1136
Full-Text Articles in Law
Fourth Amendment Limitations On Eavesdropping And Wire-Tapping, David H. Hines
Fourth Amendment Limitations On Eavesdropping And Wire-Tapping, David H. Hines
Cleveland State Law Review
The subject of eavesdropping, wiretapping, and electronic surveillance has induced many legal writers to comment on the law and urge legislative changes.This paper will analyze the constitutional aspects of eavesdropping as well as the common law concerning eavesdropping as it exists today.
66/10/20 Police Can Search, High Court Rules, Cleveland Press
66/10/20 Police Can Search, High Court Rules, Cleveland Press
Newspaper Coverage
The Ohio Supreme Court upheld the lower court ruling that Cleveland Police Detective Martin McFadden's search of John W. Terry and Richard D. Chilton (represented by Louis Stokes) did not violate their constitutional rights because McFadden felt they were acting "in a suspicious manner."
66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio
66/10/19 Mandate, Ohio Supreme Court, Supreme Court Of Ohio
Ohio Supreme Court
Mandate to Common Pleas Court, Cuyahoga County, to proceed without delay to carry out its judgment in Ohio v Terry citing no substantial constitution question involved.
66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne
66/09/21 Motion To Dismiss Appeal Filed As Of Right And Memorandum Opposing Jurisdiction, John T. Corrigan, Reuben M. Payne
Ohio Supreme Court
"The trial court properly found that there is a distinction between a frisk and a search, and that in the circumstances of this case the frisk preceded the arrest, and further, that the arrest and search in connection therewith were legal. The opinion of the Court of Appeals and the authorities cited therein support that conclusion. The defendant has not shown any valid reason why these findings should be disturbed. The motion for leave to appeal should therefore be overruled." From the Conclusion, page 14.
66/06/14 Notice Of Appeal For Ohio V Chilton And Ohio V Terry, Louis Stokes
66/06/14 Notice Of Appeal For Ohio V Chilton And Ohio V Terry, Louis Stokes
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
Louis Stokes gives notice of appeal to the Ohio Supreme Court from judgment rendered by 8th District Court of Appeals on May 25, 1966. Appeal is on questions of law and on condition that motion for leave to appeal be allowed by Supreme Court of Ohio; constitutional question is also involved.
66/05/25 Journal Entry From Appeals Court Affirming The Common Pleas Court Judgment In Ohio V Chilton And Ohio V Terry, Samuel H. Silbert
66/05/25 Journal Entry From Appeals Court Affirming The Common Pleas Court Judgment In Ohio V Chilton And Ohio V Terry, Samuel H. Silbert
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
The Court of Appeals, Eight District, Cuyahoga County finds no error prejudicial to the appellant, thus affirming the Common Pleas Court judgement. Signed by Chief Justice Joseph H. Silbert, with Justices Joseph A. Artl and James Joseph Patrick Corrigan concurring.
66/02/11 Opinion, Eighth Judicial District Of Ohio, Court Of Appeals, Cuyahoga County, Samuel H. Silbert
66/02/11 Opinion, Eighth Judicial District Of Ohio, Court Of Appeals, Cuyahoga County, Samuel H. Silbert
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
Judges Samuel H. Silbert, Joseph A. Artl, and James Joseph Patrick Corrigan unanimously upheld Judge Bernard Friedman's decision in the Cuyahoga County Court of Common Pleas. The Appeals Court held that Detective Martin J. McFadden had validly found the gun carried by John Terry and had, at the moment of the arrest, adequate probable cause to arrest Terry.
66/02/10 Police Upheld In Acts Of Personal Search, Cleveland Press
66/02/10 Police Upheld In Acts Of Personal Search, Cleveland Press
Newspaper Coverage
Justices Joseph H. Silbert, Joseph A. Artl and J. J. P. Corrigan of the 8th District Court of Appeals unanimously agreed with Cuyahoga County Common Pleas Court Judge Bernard Friedman in his ruling that a policeman has a right to question a suspicious person and search him in order to protect himself from a possible assault with a deadly weapon.
65/11/04 Brief Of Amicus Curiae, Ohio Civil Liberties Union, Marcus Schoenfeld
65/11/04 Brief Of Amicus Curiae, Ohio Civil Liberties Union, Marcus Schoenfeld
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
Argues that the Cuyahoga County Common Pleas Court erred in allowing into evidence the guns found by Detective Martin McFadden because these guns were obtained in violation of the Fourth Amendment. Argues that a "frisk" is a "search" within the protection of the Fourth and Fourteenth Amendments.
65/03/11 Brief Of Defendant-Appellant, Louis Stokes
65/03/11 Brief Of Defendant-Appellant, Louis Stokes
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
"ASSIGNMENTS OF ERROR
1. The Court erred in not sustaining defendant's Motion to Suppress upon making its finding that the arrest herein was illegal. (R. 96, 100)
2. The Court erred in refusing to apply constitutional guarantees prohibiting illegal searches and seizures and substituting therefor a doctrine of stop and frisk."
65/03/11 Stipulation Of Fact And Evidence, Louis Stokes, Reuben M. Payne
65/03/11 Stipulation Of Fact And Evidence, Louis Stokes, Reuben M. Payne
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
"By stipulation and agreement by and between Reuben Payne, Assistant County Prosecutor, on behalf of the State of Ohio, and Louis Stokes, on behalf of the defendants, Motion to Suppress the Evidence filed by the said Louis Stokes on behalf of the defendants, John W. Terry and Richard D. Chilton, were consolidated for the purpose of hearing on the Motions to Suppress.
The defendants had each been indicted for the offense of Carrying Concealed Weapons under separate indictments. The defendant John W. Terry had been indicted in the Court of Common Pleas, Criminal Branch, under case number 79491. The defendant …
64/12/03 State Of Ohio V. Richard D. Chilton, Indictment (Chronology Of Events), Richard D. Chilton
64/12/03 State Of Ohio V. Richard D. Chilton, Indictment (Chronology Of Events), Richard D. Chilton
Cuyahoga County Court of Common Pleas
No abstract provided.
64/10/28 Appeal By John Terry Defendant-Appellant (Law & Fact), Lee E. Skeel
64/10/28 Appeal By John Terry Defendant-Appellant (Law & Fact), Lee E. Skeel
Eighth Judicial District of Ohio, Court of Appeals, Cuyahoga County
October 28, 1964 Motion by defendant appellant for stay of execution pending appeal granted. Motion for bail overruled.
64/09/23 Illegal Search Ruling Is Due Today, Cleveland Plain Dealer
64/09/23 Illegal Search Ruling Is Due Today, Cleveland Plain Dealer
Newspaper Coverage
Reports that Cuyahoga County Common Pleas Court Judge Bernard Friedman is expected to rule today on whether two men charged with carrying concealed weapons were searched legally. Richard Chilton and John Terry's attorney, Louis Stokes, asked that the case be dismissed because the police search of the men violated their constitutional rights.
64/09/23 Judge Upholds Police In Seach-Seize Arrest, Cleveland Press
64/09/23 Judge Upholds Police In Seach-Seize Arrest, Cleveland Press
Newspaper Coverage
Cuyahoga County Common Pleas Judge Bernard Friedman overruled the challenge, led by defense attorney Louis Stokes, to Detective Martin McFadden's search of John W. Terry and Richard Chilton. Judge Friedman suggested his decision be appealed, saying that there is no law in Ohio covering this situation and three states have laws on this subject. I strongly suggest you take this ruling to the Appellate Court to make the law clear to citizens and policemen."
64/09/22 Judge Bernard Friedman's Opinion In State V. Chilton And State V. Terry, Bernard Friedman
64/09/22 Judge Bernard Friedman's Opinion In State V. Chilton And State V. Terry, Bernard Friedman
Cuyahoga County Court of Common Pleas
In the Cuyahoga County Court of Common Pleas, Judge Bernard Friedman drew a distinction between "stop and frisk" and "search and seizure." This distinction was also recognized the U.S. Supreme Court in Terry v. Ohio.
Judge Friedman wrote in his opinion:
"A search is primarily for the purpose of trying to obtain evidence in connection with the commission of a crime, that the police officer may reasonably believe that a crime has been committed or might be committed.
A frisking is strictly for the protection of the officer's person and his life. There was reasonable cause in this case …
64/09/22 Defendant's Bill Of Exceptions - Part 3, John T. Corrigan, Louis Stokes, Reuben M. Payne
64/09/22 Defendant's Bill Of Exceptions - Part 3, John T. Corrigan, Louis Stokes, Reuben M. Payne
Cuyahoga County Court of Common Pleas
Part three of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.
64/09/22 Defendant's Bill Of Exceptions - Part 1, John T. Corrigan, Louis Stokes, Reuben M. Payne
64/09/22 Defendant's Bill Of Exceptions - Part 1, John T. Corrigan, Louis Stokes, Reuben M. Payne
Cuyahoga County Court of Common Pleas
Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.
64/09/22 Defendant's Bill Of Exceptions - Part 2, John T. Corrigan, Louis Stokes, Reuben M. Payne
64/09/22 Defendant's Bill Of Exceptions - Part 2, John T. Corrigan, Louis Stokes, Reuben M. Payne
Cuyahoga County Court of Common Pleas
Part two of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.
64/09/22 Defendant's Bill Of Exceptions - Part 4, John T. Corrigan, Louis Stokes, Reuben M. Payne
64/09/22 Defendant's Bill Of Exceptions - Part 4, John T. Corrigan, Louis Stokes, Reuben M. Payne
Cuyahoga County Court of Common Pleas
Part four of Defendant's Bill of Exceptions for State of Ohio v. John W. Terry and State of Ohio v. Richard D. Chilton. Appearances: John T. Corrigan and Reuben Payne for the State of Ohio and Louis Stokes for the Defendants.
64/09/22 Illegal Search Is Charged At Concealed Weapons Trial, Cleveland Press
64/09/22 Illegal Search Is Charged At Concealed Weapons Trial, Cleveland Press
Newspaper Coverage
Reports that Defense Attorney Louis Stokes asked Common Pleas Court Judge Bernard Friedman to dismiss the concealed carry charges against John Terry and Richard Chilton on the grounds that Cleveland PD Detective Martin McFadden's search of the two men was illegal and violated their constitutional rights under the Fourth Amendment.
64/05/12 Capias On Indictment For Carrying Concealed Weapons, John T. Corrigan
64/05/12 Capias On Indictment For Carrying Concealed Weapons, John T. Corrigan
Cuyahoga County Court of Common Pleas
No abstract provided.
Search And Seizure--A Constitutional Standard For South Carolina, Howard P. King
Search And Seizure--A Constitutional Standard For South Carolina, Howard P. King
South Carolina Law Review
No abstract provided.
Book Review. The History And Development Of The Fourth Amendment To The Constitution Of The United States By Nelson B. Lasson, Framl Horack Jr.
Book Review. The History And Development Of The Fourth Amendment To The Constitution Of The United States By Nelson B. Lasson, Framl Horack Jr.
Articles by Maurer Faculty
No abstract provided.