Ohio Revised Code Search
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Section 2935.081 | Peace officer to administer oath or take acknowledgment.
...(A) As used in this section, "peace officer" has the same meaning as in section 2935.01 of the Revised Code, except that "peace officer" does not include, for any purpose, the superintendent or any trooper of the state highway patrol. (B) A peace officer who has completed a course of in-service training that includes training in the administration of oaths and the acknowledgment of documents and that is approved by ... |
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Section 2935.09 | Person having knowledge of offense to file affidavit - official review before complaint filed.
...(A) As used in this section, "reviewing official" means a judge of a court of record, the prosecuting attorney or attorney charged by law with the prosecution of offenses in a court or before a magistrate, or a magistrate. (B) In all cases not provided by sections 2935.02 to 2935.08 of the Revised Code, in order to cause the arrest or prosecution of a person charged with committing an offense in this state, a peace ... |
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Section 2935.10 | Filing of affidavit or complaint procedure.
...(A) Upon the filing of an affidavit or complaint as provided by section 2935.09 of the Revised Code, if it charges the commission of a felony, such judge, clerk, or magistrate, unless the judge, clerk, or magistrate has reason to believe that it was not filed in good faith, or the claim is not meritorious, shall forthwith issue a warrant for the arrest of the person charged in the affidavit, and directed to a peace o... |
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Section 2935.11 | Failure to appear in response to summons.
...If the person summoned to appear as provided in division (B) of section 2935.10 of the Revised Code fails to appear without just cause and personal service of the summons was had upon him, he may be found guilty of contempt of court, and may be fined not to exceed twenty dollars for such contempt. Upon failure to appear the court or magistrate may forthwith issue a warrant for his arrest. |
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Section 2935.12 | Nonconsensual, forcible entry.
...(A) When making an arrest or executing an arrest warrant or summons in lieu of an arrest warrant, or when executing a search warrant, the peace officer, law enforcement officer, or other authorized individual making the arrest or executing the warrant or summons may break down an outer or inner door or window of a dwelling house or other building, if, after notice of his intention to make the arrest or to execute the... |
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Section 2935.13 | Proceedings upon arrest pursuant to warrant.
...Upon the arrest of any person pursuant to warrant, he shall forthwith be taken before the court or magistrate issuing the same, if such court be in session or such magistrate available, and proceedings had as provided in sections 2937.01 to 2937.46, inclusive, of the Revised Code. If such court be not in session and a misdemeanor or ordinance violation is charged, he shall be taken before the clerk or deputy clerk of... |
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Section 2935.14 | Right to communicate with counsel.
...If the person arrested is unable to offer sufficient bail or, if the offense charged be a felony, he shall, prior to being confined or removed from the county of arrest, as the case may be, be speedily permitted facilities to communicate with an attorney at law of his own choice, or to communicate with at least one relative or other person for the purpose of obtaining counsel (or in cases of misdemeanors or ordinance... |
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Section 2935.15 | Bail amount.
...Amount of bail, and nature of security therefor in misdemeanor cases may be set by a schedule fixed by the court or magistrate, or it may be endorsed on the warrant by the magistrate or clerk of the issuing court. If the amount be not endorsed on the warrant, the schedule set by the court or magistrate before whom bail is taken shall prevail. All recognizances taken, or cash received shall be promptly transmitted to ... |
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Section 2935.16 | Prisoner held without process.
...When it comes to the attention of any judge or magistrate that a prisoner is being held in any jail or place of custody in his jurisdiction without commitment from a court or magistrate, he shall forthwith, by summary process, require the officer or person in charge of such jail or place of custody to disclose to such court or magistrate, in writing, whether or not he holds the person described or identified in the ... |
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Section 2935.17 | Form of affidavit.
...(A) An affidavit in either of 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 conci... |
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Section 2935.18 | Form of warrant, summons or notice.
...A warrant, summons, or notice of a peace officer shall either contain a copy of the affidavit or recite the substance of the accusation. A warrant shall be directed to a specific officer or to a department designated by its chief, and shall command such officer or member of department to take the accused and bring the accused forthwith before the magistrate or court issuing such warrant to be dealt with according to ... |
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Section 2935.19 | Form of affidavit.
...An affidavit in the form following is sufficient: "The 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 committed as nearly according to the nature thereof as the case will admi... |
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Section 2935.20 | Right to counsel.
...After the arrest, detention, or any other taking into custody of a person, with or without a warrant, such person shall be permitted forthwith facilities to communicate with an attorney at law of his choice who is entitled to practice in the courts of this state, or to communicate with any other person of his choice for the purpose of obtaining counsel. Such communication may be made by a reasonable number of telepho... |
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Section 2935.21 | Security for costs.
...When the offense charged is a misdemeanor, the magistrate or court, before issuing the warrant, may require the complainant, or if the magistrate considers the complainant irresponsible, may require that said complainant procure a person to be liable for the costs if the complaint is dismissed, and the complainant or other person shall acknowledge himself so liable, and such court or magistrate shall enter such ackno... |
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Section 2935.23 | Witnesses in felony investigations.
...After a felony has been committed, and before any arrest has been made, the prosecuting attorney of the county, or any judge or magistrate, may cause subpoenas to issue, returnable before any court or magistrate, for any person to give information concerning such felony. The subpoenas shall require the witness to appear forthwith. Before such witness is required to give any information, he must be informed of the pur... |
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Section 2935.24 | Service of arrest warrant by electronic means.
...A judge of a court of record may, by an endorsement under his hand upon a warrant of arrest, authorize the service thereof by telegraph, teletype, wire photo, or other means whereby a written or facsimile copy may be transmitted, and thereafter a copy of such warrant may be sent by any such means to any law enforcement officer. Such copy is effectual in the hands of any law enforcement officer and he shall proceed in... |
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Section 2935.25 | Power of arrest.
...Sections 2935.02 to 2935.24, inclusive, of the Revised Code do not affect or modify the power of arrest vested by law in other persons or officers than those named in section 2935.03 of the Revised Code. |
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Section 2935.26 | Minor misdemeanor citation.
...ng applies: (1) The offender requires medical care or is unable to provide for the offender's own safety. (2) The offender cannot or will not offer satisfactory evidence of the offender's identity. (3) The offender refuses to sign the citation. (4) The offender has previously been issued a citation for the commission of that misdemeanor and has failed to do one of the following: (a) Appear at the time and p... |
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Section 2935.27 | Procedure after issuance of minor misdemeanor citation.
...) A court by local rule may prescribe a procedure for the setting of reasonable security as described in this division. A court setting security under this division shall do so in conformity with sections 2937.22 and 2937.23 of the Revised Code and the Rules of Criminal Procedure. As an alternative to this procedure, a court by local rule may prescribe a procedure for the setting of a reasonable security by the per... |
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Section 2935.28 | Names of traffic law violators damaging real property to be provided to owner.
...(A) As used in this section, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code. (B) If damage is caused to real property by the operation of a motor vehicle in, or during the, violation of any section of the Revised Code or of any municipal ordinance, the law enforcement agency that investigates the case, upon request of the real property owner, shall provide the owner with the names of ... |
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Section 2935.29 | Definition of fresh pursuit and state.
...As used in sections 2935.30 and 2935.31 of the Revised Code: (A) "Fresh pursuit" includes fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It includes the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for... |
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Section 2935.30 | Authority of foreign police.
...Any member of an organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state has the same authority to arrest and hold such person in custody as has any member of any organized state... |
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Section 2935.31 | Hearing before magistrate in county of arrest.
...If an arrest is made in this state by an officer of another state under section 2935.30 of the Revised Code, he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful be shall commit the person arrested to awa... |
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Section 2935.32 | Broadcasting information of crime.
...The board of county commissioners or the prosecuting attorney of any county, with the consent of the court of common pleas, may contract with any company engaged in broadcasting by radio, for the purpose of immediate broadcasting of information concerning any violent felony, when the perpetrator thereof has escaped. The sheriff and heads of police departments, immediately upon the commission of any such felony and th... |
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Section 2935.33 | Inpatient care and treatment of alcoholics and drug addicted persons.
...ency treatment, in lieu of other arrest procedures, for a maximum period of forty-eight hours. During that time, if the person desires to leave such custody, the person shall be released forthwith. (D) As used in this section: (1) "Community addiction services provider" has the same meaning as in section 5119.01 of the Revised Code; (2) "Acute alcohol intoxication" means a heavy consumption of alcohol over a re... |