Legal Question in Criminal Law in Ohio

I attend a private university in the state of Ohio. Today I was called into the station to retrieve my lost cell phone, upon entering the station I was taken into a interview room. At this point the Officer began to question me about the photographs on my phone as they depicted graffiti. The Officer then stated that I was the one who had been doing the graffiti. Following more questioning I made a terrible decision and stated I had taken part in some of the graffiti on my phone. According to the Smith v. The State of Ohio it is illegal to search a cell phone without a warrant. However as it is a private university and a privatized police force I am curious if these laws apply. Along with this as I was led into the interview room and felt that I could not leave I am curious if there would be the necessity for the Officer to read me my Miranda Rights, especially before incriminating myself via a statement. Is there any chance that in court I can argue that the evidence was illegally obtained? Or even my initial questioning was unconstitutional as it was a violation of the 4th Amendment? The school is forwarding the evidence to the City Police and I want to know if I can argue it was illegally obtained and therefore inadmissible in court. Please let me know I am extremely stressed as this could result in my expulsion from school and possible jail time.


Asked on 3/05/13, 3:31 pm

1 Answer from Attorneys
Benjamin Partee Partee Law

You should consult with a defense attorney as soon as possible. As you have correctly mentioned, there are some problems with how the police proceeded in this case. However, you will want to have an attorney to properly argue these points in the event that you are charged.

Briefly, I believe you should have been Mirandized, as your interview was likely a custodial interrogation. Secondly, the police should have obtained a warrant before searching your phone. Although this is a private university, they were acting as the State's agent in this matter, very likely subjecting them to the same requirements as the State.

Again, speak with a lawyer as soon as possible, as there are a couple ways this could be charged, neither of which are good. And remember, in the future, "I want my lawyer," will stop all police questioning.

www.chillicothedefense.com

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Answered on 3/19/13, 6:50 am


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