Ohio Revised Code Search

...ed recipient of the communication. (B)(1) Division (A) of this section does not apply to a communication being transmitted to the person or entity providing the electronic communication service or to an agent of that person or entity. (2) Notwithstanding division (A) of this section, a person or entity that provides electronic communication service to the public may divulge the content of a communication that is in...

...first. All provisions of sections 2933.51 to 2933.66 of the Revised Code that apply to original interception warrants apply to extensions of interception warrants. (C)(1) When an investigative officer, while intercepting communications pursuant to an interception warrant or pursuant to an oral order for an interception granted under section 2933.57 of the Revised Code, intercepts wire, oral, or electronic communicat...

...e shall contain all of the following: (1) The name and court of the judge who issued the warrant and the jurisdiction of that court; (2) If known, the identity of each person whose communications are to be intercepted or, if the identity is unascertainable, a detailed description of each known person whose communications are to be intercepted; (3) The nature and location of the communications facilities from which...

...clude notice of all of the following: (1) The fact that an interception warrant was issued or that application for one was made; (2) The date the interception warrant was issued and the period of authorized, approved, or disapproved interception or the date of the denial of the application; (3) The fact that during the stated period wire, oral, or electronic communications were or were not intercepted. (B) A judg...

... intercepted pursuant to sections 2933.51 to 2933.66 of the Revised Code for any of the following reasons: (1) The communication was unlawfully intercepted. (2) The interception warrant under which the communication was intercepted is insufficient on its face. (3) The interception was not made in conformity with the interception warrant or an oral order for an interception granted under section 2933.57 of the Revi...

...lly used in violation of sections 2933.51 to 2933.66 of the Revised Code may bring a civil action to recover from the person or entity that engaged in the violation any relief that may be appropriate and that includes, but is not limited to, the following: (1) The preliminary and other equitable or declaratory relief that is appropriate; (2) Whichever of the following is greater: (a) Liquidated damages computed at...

...nformation to the attorney general: (1) The total number of all tested and untested sexual assault examination kits in possession of each governmental evidence-retention entity, and for each untested kit whether the sexual assault was reported to law enforcement or whether the victim chose not to file a report with law enforcement. (2) If the governmental evidence-retention entity is a medical facility, the dat...

..." has the same meaning as in section 2931.01 of the Revised Code. (B) "Peace officer" includes, except as provided in section 2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal; deputy marshal; member of the organized police department of any municipal corporation, including a member of the organized police department of a municipal corporation in an adjoining state serving in Ohio under a contract pu...

...t Terrorism (USA Patriot Act) Act of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended, if both of the following apply: (1) There is a threat of imminent physical danger to the federal law enforcement officer, a threat of physical harm to another person, or any other serious emergency situation present. (2) Either the federal law enforcement officer requests emergency assistance or it appears that the federal l...

...f the following forms is sufficient: (1) "State of Ohio, ___________________________ County, ss: Before me, A.B., personally came C.D., who being duly sworn according to law deposes and says that on or about the day of ___________, _____, at the county of __________ one E.F. (here describe the offense as nearly according to the nature thereof as the case will admit, in ordinary concise language) C.D. Sworn to...

...(A)(1) If a law enforcement officer issues a citation to a person pursuant to section 2935.26 of the Revised Code and if the minor misdemeanor offense for which the citation is issued is an act prohibited by Chapter 4511., 4513., or 4549. of the Revised Code or an act prohibited by any municipal ordinance that is substantially similar to any section contained in Chapter 4511., 4513., or 4549. of the Revised Code, the...

... violation of division (B) of section 2917.11 of the Revised Code or of a municipal ordinance substantially equivalent to that division if the defendant complies with all the conditions of treatment ordered by the court. The court may order that any fines or court costs collected by the court from defendants who have received inpatient care from a community addiction services provider be paid, for the benefit of th...

...te shall, before proceeding further: (1) Inform the accused of the nature of the charge and the identity of the complainant and permit the accused or counsel for the accused to see and read the affidavit or complaint or a copy of the affidavit or complaint; (2) Inform the accused of the right to have counsel and the right to a continuance in the proceedings to secure counsel; (3) Inform the accused of the effec...

...e the accused to plead to the charge. (1) In cases of felony, only a plea of not guilty or a written plea of guilty shall be received and if the defendant declines to plead, a plea of not guilty shall be entered for the defendant and further proceedings had as set forth in sections 2937.09 to 2937.12 of the Revised Code. (2) In cases of misdemeanor, the following pleas may be received: (a) Guilty; (b) Not guilty;...

...may take any of the following forms: (1) The deposit of cash by the accused or by some other person for the accused; (2) The deposit by the accused or by some other person for the accused in form of bonds of the United States, this state, or any political subdivision thereof in a face amount equal to the sum set by the court or magistrate. In case of bonds not negotiable by delivery such bonds shall be pr...

...e that is deposited under section 2937.011 or sections 2937.22 to 2937.45 of the Revised Code by a person other than the accused shall be discharged and released, and sureties on recognizances shall be released, in any of the following ways: (1) When a surety on a recognizance or the depositor of cash or securities as bail for an accused desires to surrender the accused before the appearance date, the surety is dis...

... Code, including, but not limited to: (1) Separation of arraignment and trial of traffic and other types of cases; (2) Consolidation of cases for trial; (3) Transfer of cases within the same county for the purpose of trial; (4) Designation of special referees for hearings or for receiving pleas or bail at times when courts are not in session; (5) Fixing of reasonable bonds, and disposition of cases in which bond...

...s provided in sections 2925.03 and 2925.11 and division (E)(1) of section 2925.05 of the Revised Code, the determination by a court that an offender is a major drug offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a major drug offender. The specification shall be stated at the end of the body of the indictment, count, or informat...

...erm upon an offender under division (B)(1)(d) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender wore or carried body armor while committing the offense and that the offense is an offense of violence that is a felony. The specification shall be stated at the end of the body of the indictment, count, ...

...r under division (G)(2) of section 2929.13 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging a felony violation of division (A) of section 4511.19 of the Revised Code specifies that either: (1) The offender, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more equivalent offenses ; (2) The offender previously ...

...r under division (B)(6) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to violating division (A)(1) or (2) of section 2903.06 of the Revised Code and unless the indictment, count in the indictment, or information charging the offense specifies that the offender previously has been convicted of or pleaded guilty to three or more violations of division (A) of se...

...nder under division (K) of section 2929.14 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to committing a violent felony offense and unless the indictment, count in the indictment, or information charging the offense specifies that the offender is a violent career criminal and had a firearm on or about the offender's person or under the offender's control while committing the pr...

...n if either of the following applies: (1) The defendant enters a plea of guilty on a written form, the form includes a question asking whether the defendant is a citizen of the United States, and the defendant answers that question in the affirmative; (2) The defendant states orally on the record that he is a citizen of the United States. (C) Except as provided in division (B) of this section, the defendant shall...

...eged victim is any of the following: (1) A spouse, person living as a spouse, or former spouse of the defendant; (2) A parent or child of the defendant; (3) A parent or child of a spouse, person living as a spouse, or former spouse of the defendant; (4) The natural parent of any child of whom the defendant is the other natural or putative natural parent. (C) Prior to accepting a guilty plea or plea of no con...

... applies regarding jury instructions: (1) In a capital case that is being heard by a jury, the court shall prepare written instructions to the jury on the points of law, shall provide copies of the written instructions to the jury before orally instructing the jury, and shall permit the jury to retain and consult the instructions during the court's presentation of the oral instructions and during the jury's delibera...