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The trial court found a lack of consent in part because the officer yelled at the motorist to stay with the car, but the appellate court was not persuaded. Safety reasons need to be considered. State v. Miller, 2012 Ohio 1901, 2012 Ohio App. LEXIS 1659 (4th Dist. April 17, 2012)*:

[*P28] After our review of the stipulated evidence submitted in the case sub juice, we disagree with the trial court's conclusion that the appellee did not voluntarily consent to the search. The trial court relied upon the following factors to determine that appellee did not consent: (1) the trooper ordered appellee to remain in the vehicle; (2) the trooper removed appellee from the vehicle; and (3) the trooper did not advise appellee of his right to refuse. With respect to the first of these factors, the trooper was entirely justified to order appellee to remain in the vehicle. As the United States Supreme Court has recognized, traffic stops carry inherent dangers and law enforcement officers are entitled to exercise authority over the driver and any passengers in order to maintain a sense of safety. See Arizona v. Johnson (2009), 555 U.S. 323, 330, 129 S.Ct. 781, 172 L.Ed.2d 694 (recognizing that "traffic stops are 'especially fraught with danger to police officers" and that "'"[t]he risk of harm to both the police and the occupants [of a stopped vehicle] is minimized *** if the officers routinely exercise unquestioned command of the situation."'") (internal quotations and citations omitted). Thus, the trooper's command that appellee remain in the vehicle does not constitute a coercive or threatening act.

The federal government by definition has to make a federal case out of everything it touches, from mandating toilets that barely flush to prescribing how many calories must go into a schoolboy's lunch.

So we can't be surprised that the Secret Service will assign nannies and chaperones to monitor the ...

If you're a law professor, you probably already have seen this call for papers for a symposium: CrimProfBlog: AALS call for papers on Technology and Crime: The Future of the Fourth Amendment in Public:

The AALS Section on Criminal Justice will hold a panel during the AALS 2013 Annual Meeting in New Orleans entitled: Technology and Crime: The Future of the Fourth Amendment in Public.

We are soliciting papers to consider for presentation in conjunction with this panel. Current confirmed speakers on this distinguished panel include Christopher Slobogin, Vanderbilt University Law School, Tracy Meares, Yale Law School, and Orin Kerr, George Washington University School of Law. The panel will be moderated by Andrew G. Ferguson, UDC David A. Clarke School of Law.

Panel: Technology and Crime: The Future of the Fourth Amendment in Public

New mass surveillance technologies are changing Fourth Amendment protections in public. Enhanced video cameras, GPS location devices, license plate readers, mobile body scanners, backscatter x-ray vans, facial recognition technology, drones, and satellite imaging, in combination, can all be directed at targeted geographic areas. Combined with, or replacing, traditional “stop and frisk” or police surveillance tactics, these technologies have the potential to alter Fourth Amendment protections. At the same time, intelligence-led policing strategies involving crime mapping and analysis have allowed law enforcement to identify areas of crime for targeted police intervention. This panel looks at the constitutional implications of these developments on the expectation of privacy.

A new executive order will help harmonize U.S. regulations with foreign ones, reducing costly redundancies while preserving public safety.

Use the comments of this post during this month if you have things you would like to bring to people’s attention and are not sure where else to post them. I’ll make a new Bulletin Board each month for free posting.

Have at it, communicate and keep up the good fight!

Cheers,

-WalterJ

A tempting but unwise choice for Romney's vice president.

If we fail to reform K-12 schools, we'll have slow growth and more income inequality.

It's hard to imagine Lincoln or Eisenhower claiming such credit for the heroic actions of others.

Vietnam arrests an American democracy advocate.

Cost analysis for transit projects gives way to 'social equity.'

Stay classy, Chicago.

COLUMBIA, S.C. | The first woman to command the Army's drill sergeant training took legal action Monday to reclaim her job, saying she was improperly suspended last year because of sexism and racism and demanding that two of her superiors be investigated for abuse of their authority.

Command Sgt. Maj. ...

Jeffrey Anderson on the Obama administration's expensive, taxpayer-funded efforts to obscure the reality about ObamaCare and seniors' health coverage.

In 2010, my state was poised to become the first on the East Coast permitted to produce oil and natural gas offshore. Then politics intervened.

The House budget chairman challenges the religious left.

There is no better way for historians to assess his thinking and the real state of al-Qaeda than the "treasure trove" of documents that were recovered by the US Navy SEALs, writes Peter Bergen

On May 16 last year, a 22-year-old Austrian named Maqsood Lodin was being questioned by police in Berlin. He had recently returned from Pakistan via Budapest, Hungary, and then traveled overland to Germany. His interrogators were surprised to find that hidden in his underpants were a digital storage device and memory cards.

CLEVELAND — A federal judge is weighing the government's request to require a suspect in beard- and hair-cutting attacks against fellow Amish in Ohio to hire a private attorney.

Federal prosecutors said in a court filing last week that Sam Mullet Sr. recently received more than $2 million from gas ...

In "Paris, I Love You but You're Bringing Me Down," Rosecrans Baldwin describes his 18 months of living and working in Paris. It wasn't quite the expat experience of Hemingway or A.J. Liebling.

The Justice Department and federal prosecutors in Texas say there is insufficient evidence to pursue federal criminal charges against a U.S. Border Patrol agent who fatally shot a 15-year-old Mexican national along the Rio Grande near El Paso in June 2010.

After what the Justice Department called a "comprehensive and ...