February 2010

cover story
Ohio Attorney General

Richard Cordray

Protecting Ohio’s seniors
Attorney General’s Office, local officials can make progress together
By Mary Alice Casey

Galion Police Chief Brian Saterfield and colleagues from across the state sit in a darkened classroom at the Ohio Peace Officer Training Academy watching a video about Miss Mary. Their hearts don’t want to believe the story of her victimization. Their heads realize it’s true.
The 96-year-old grandmother had been repeatedly raped by her grandson. When he fell asleep, she called 911. Supported by a victim advocate — although not by family members, who accused her of ruining the young man’s life — Miss Mary provided the evidence and testimony needed for a conviction. “Law enforcement in general wants to believe it doesn’t happen,” Saterfield says of elder abuse, which can take the form of neglect, financial exploitation or physical, sexual or emotional abuse. “When you think about abuse, you don’t think of a 70-year-old man who hits his wife. You don’t think of a teacher in her mid-50s who bilks her grandmother.” The Ohio Attorney General’s Crime Victims Assistance and Prevention Section offers the two-day Elder Abuse Training for Law Enforcement sessions that Saterfield attended — and plans to send others in his department to — several times a year. For him, it demonstrated how important it is to set aside conventional mindsets and learn the dynamics of elder abuse. “I believe it is vastly underreported,” Saterfield says. “Attending training like this gets you thinking about what you may have overlooked. It makes you aware and gives you additional indicators to look for.” Offering such training is among several ways the Attorney General’s Office works to reduce the vulnerability and victimization of older adults. Others include investigating abuse and neglect in long-term care facilities, providing education about scams that target the elderly, and expanding — in partnership with local officials — a network of organizations that promote senior safety. Last April, the office also formed a statewide commission on elder abuse. Attorney General Richard Cordray explains his office’s increased emphasis on elder issues: “Part of the Attorney General’s role is to protect the vulnerable, and many elderly are isolated and thus more susceptible to scam artists and criminals. At the same time, seniors are entitled to special respect because of the contributions they have made to our communities over their long lives of work and civic support. “We have a strong desire to work with local law enforcement to protect Ohio’s seniors.” A coordinated effort to protect older adults is vital given what the future holds. As the oldest Baby Boomers turn 65, the number of senior citizens nationally will climb over the next 20 years from about 40 million to 72.1 million. According to a U.S. Department of Justice study released last year, about one in nine people ages 60 and older suffer from some kind of abuse every year. Here’s a look at aspects of the Attorney General’s Office that address elder issues along with details on how local officials can collaborate: the lead. “We can work the cases independently or provide comprehensive investigative support. We will work with local officials however they deem it most helpful; we don’t simply hand over a case and step out.” Among the tools the Medicaid Fraud Control Unit brings to the table are covert video surveillance cameras that can capture evidence of criminal acts. The unit also offers the expertise of investigators who, along with Medicaid Special Agent Supervisor Christy Haenszel, have a combined 100plus years’ experience investigating elder abuse. Contact: To request the Attorney General’s assistance with a case or consult with investigators or prosecutors, contact the Medicaid Fraud Control Unit’s intake officer at (614) 466-0681.

criminal justice

update no.1
www.OhioAttorneyGeneral.gov/ CriminalJusticeUpdate.
To join the Criminal Justice Update mailing list or sign up for e-mail updates for the criminal justice community, visit

vOl.2

providing training, empowering seniors
A number of initiatives within the Attorney General’s Crime Victims Assistance and prevention section address the needs of senior citizens through training and policy. In addition to elder abuse training for law enforcement, a $240,000 Department of Justice grant now in its third year will fund related education for detectives, prosecutors and judges. The section also is working to increase the number of Triad organizations across the state. This national program involves law enforcement, senior citizens and community groups in the effort to reduce elderly residents’ fear of crime and victimization. The goal is to make local and state leaders more aware of issues affecting older Ohioans, improve communities’ response to their needs and strengthen the confidence they have in the criminal justice system. Information on how to launch a local group will be available at Triad’s annual statewide meeting in Findlay April 19-20. Continued on Page 7 1

coming events

www.OhioAttorneyGeneral.gov/tdim (800) 582-2877 OhiO AMBER AlERt COnfEREnCE twO DAys in MAy

Conference for victim advocates, lawyers and law enforcement May 24-25 Hyatt Regency Columbus

Instructing law enforcement and media on AMBER Alert practices and responses April 20 Columbus Police Academy Call (614) 466-5610

stAy On tOp Of thE nEws

investigating patient abuse and neglect
The Health Care Fraud Section’s Medicaid fraud Control Unit investigates abuse and neglect in Ohio’s nursing homes and assisted-living facilities. The state has 1,566 such facilities that provide care for more than 135,000 people. Acting on reports from the Ohio Department of Health, the unit’s six special agents travel statewide to conduct independent investigations or assist local officials. They have investigated more than 1,400 reports in the past five years, resulting in more than 150 convictions. “We turn all findings of an investigation over to a prosecutor,” says Special Agent-In-Charge Lloyd Early, noting that local prosecutors have the choice of taking the cases forward themselves or having one of the unit’s six prosecuting attorneys take

the ohio attorney general

From the desk oF

cover story
Continued from Page 1
working to protect seniors and how we hope you can help. These efforts cover a wide range of topics — from providing elder abuse training for law enforcement to investigating nursing home patient abuse to raising awareness of the latest scams that target the elderly. My office has a statutory duty to protect elderly Ohioans. We investigate patient neglect and abuse in long-term care facilities and work with local prosecutors in a supporting role or, at their request, take the lead in prosecuting such cases. My administration also has formed an Elder Abuse Commission, which is working to enhance education, research and training; suggest justice system improvements; and provide policy, funding and programming counsel. In April, we will collaborate with Hancock County Sheriff Michael Heldman and others in a statewide meeting for Triad, a national program that brings together law enforcement, community groups and seniors in an effort to protect and empower the elderly. We will provide guidance and tools for communities to set up Triads across the state, and we want you to know that your participation is not only welcome, it is vital. Safeguarding the rights and welfare of our state’s senior citizens is among the criminal justice community’s most important responsibilities. Together, we can make the kind of progress none of us can make alone. “It’s all about relationship building, knowing one another better,” says Ursel McElroy of the Crime Victims Assistance and Prevention Section. “Older adults typically have very low reporting rates for crime. The better their relationship with law enforcement, the more they will learn ways to prevent crime and also gain more confidence in reporting it. “By participating in Triad, law enforcement gains a greater awareness of how best to interact with and protect older adults and how to conduct an investigation that will net good results.” Hancock County Sheriff Michael Heldman, whose community’s Triad is among the most active in the state, agrees that benefits flow both ways. Hancock County’s Triad organization, which was formed in 1996, involves both Heldman’s office and the Findlay Police Department. “It’s a way for us to share information with seniors about scams and crimes that affect the elderly. Awareness is the big advantage,” says Heldman, who attends the monthly Triad meetings. “It also helps us with networking and garnering support and cooperation for the sheriff’s office.” Heldman, who is helping to coordinate April’s statewide Triad conference, said sheriffs and police chiefs can attend at no cost. Registration details are available under “Events” on the Attorney General’s Web site, www.OhioAttorneyGeneral.gov. Contact: For information on Triad generally, contact Ohio Triad Coordinator Dale Gillette, d.gillette@horizonview.net or (740) 773-7171. For a perspective on Triad’s benefits at the local level, Sheriff Michael Heldman at (419) 424-7232 and Hancock County Triad coordinator Lorel Filiater at (419) 422-8657 also can answer questions.

trainings
McElroy, who leads the meetings, said the commission is working now to raise awareness, increase research and training opportunities, and refine legislation on elder abuse. Contact: For more information, contact Ursel McElroy at Ursel.McElroy@ OhioAttorneyGeneral.gov or (614) 995-5413.

Dear Colleagues,
One of the lessons I learned from my parents, who worked with Ohio’s developmentally disabled population (my mom as a social worker, my dad as a program director), is that we must look out for people who otherwise may have trouble looking out for themselves. As Attorney General, I work to honor my parents’ values by ensuring that we protect the interests of vulnerable people, who include — in many instances — our communities’ senior citizens. Many elderly Ohioans are isolated and thus more susceptible to scam artists and criminals. If we do not look out for them, we are failing those whom we should respect most. According to a study released last year by the U.S. Department of Justice, about one in nine people ages 60 and older experience some kind of abuse every year. In this issue of my office’s Criminal Justice Update, we share with you some of the ways we are

for more on these and other Ohio Attorney General’s Office trainings, visit www.OhioAttorneyGeneral.gov/Events. All courses listed below are at the Ohio peace Officer training Academy, 1650 Ohio 56, london, Ohio, unless otherwise noted.
Elder Abuse training for law Enforcement
Two-day sessions provide training for law enforcement on how to protect the elderly from physical abuse, mental anguish, financial loss and violation of rights March 4-5, April 29-30

Raising awareness of scams, fraud
Spreading the word about scams and fraud is one of Cordray’s priorities for his Consumer protection and Charitable law sections. Michele Pearson of Consumer Protection says some key numbers illustrate why seniors should be wary: Thirty percent of senior citizens are targeted by scams compared to 10 percent of the general population. Also, people 50 and older control 70 percent of the nation’s wealth. Among the more common scams seniors encounter are home improvement fraud, living trust hoaxes and exorbitant annuity fees. Phony charities take advantage of seniors’ desire to help others, often seeking donations for campaigns that claim to benefit police, fire and veterans’ causes, says Beth Short of the Charitable Law Section. Both the Consumer Protection and Charitable Law sections welcome the opportunity make community presentations with local law enforcement. They also encourage officers and the public to share information about scams with the Attorney General’s Office so that its investigators can spot and address trends. Contact: For information on scams and fraud that target older adults or to request a speaker, contact Consumer Protection at (800) 2820515 and Charitable Law at (614) 466-3181.

Sincerely,
Richard Cordray Ohio Attorney General

Criminal procedure Update

Community loses ‘exemplary teammate’
Ohio’s law enforcement community lost a trusted and inspired colleague in December with the passing of Mark Losey, the state’s general counsel for law enforcement. Losey, 41, joined the Ohio Attorney General’s Office in spring 2007 as business counsel, providing valuable assistance to state governmental entities on contracts. The following year he was named acting chief operations officer to oversee the nonlegal side of the office. In January 2009, Losey became chief counsel to the Attorney General’s law enforcement operations, including the Bureau of Criminal Identification and Investigation, the Ohio Peace Officer Training Academy and the Ohio Organized Crime Investigations Commission. This role allowed him to draw on his earlier experience as an assistant city prosecutor and his civil experience both in private practice and with the Attorney General’s Office. “Mark was the kind of exemplary teammate any of us would wish to be and hope to be seen as by others,” Attorney General Richard Cordray said. “He was in his every moment imbued by a rare spirit of good cheer and can-do optimism that made him a 2 joy to be around. No problem or situation was ever daunting to him, or at least he never let it show.” To recognize Losey, the Attorney General’s Office has renamed the Ohio Distinguished Law Enforcement Service Award in his honor. Presented annually at the Ohio Law Enforcement Conference, the award recognizes a law enforcement officer for his or her commitment to serving the community and fellow officers in the pursuit of justice. Losey earned his law degree from Case Western Reserve University. An active member of the Democratic Party, he also was the Ohio coordinator of Honor Flight, an effort that helps veterans travel to Washington, D.C., to visit the memorials. He is survived by his wife, Tess, and son, Elijah. Memorial contributions can be made to a college scholarship fund for Losey’s son. Checks may be made payable to Elijah Losey and sent to Linda Bowsher, Ohio Attorney General’s Office, 30 E. Broad St., Floor 17, Columbus, OH 43215. Contributions also may be made to the Muscular Dystrophy Association, Box 78960, Phoenix, AZ 85062, or Talk About Curing Autism, 3070 Bristol St., Suite 340, Costa Mesa, CA 92626.

Addresses issues in search and seizure laws, Miranda law, Sixth Amendment right to counsel and operating a vehicle under the influence law and procedure March 5, 9 a.m.-noon Hocking College Nelsonville, Ohio March 18, 1-4 p.m. Richfield OPOTA campus Richfield, Ohio April 5, 9 a.m.-noon Butler Tech Peace Officer Training Academy Hamilton, Ohio

Responding to Missing, Abducted Children
Helps law enforcement understand, recognize, investigate and resolve missing and abducted children cases. Participants must register using Fox Valley Technical College’s online registration system. Details under “Events” at www.OhioAttorneyGeneral.gov March 15-19, 8 a.m.-4 p.m.

ABOUt CRiMinAl JUstiCE UpDAtE
Criminal Justice Update is published six times a year by the Ohio Attorney General’s Office for members of Ohio’s criminal justice community.

finding words

Five-day course instructs investigators and prosecutors how to interview child abuse victims May 10-14

Mary.Alice.Casey@OhioAttorneyGeneral. gov or call (614) 728-5417.
Volume 2, Issue 1 February 2010 Copyright 2010 by Ohio Attorney General’s Office 30 E. Broad St., Floor 17 Columbus, OH 43215

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Basic Advocacy skills in Crime Victim services

Coming this fall
A summit on Aging for judges, prosecutors, law enforcement and social workers is planned Oct. 15 in Columbus. The summit, which will focus on guardianship issues and elder abuse, is being coordinated by the Ohio Supreme Court, Attorney General’s Office, Office of the Governor and Ohio Association of Probate Judges. Details will be announced at www.OhioAttorneyGeneral.gov. Mary Alice Casey is senior editor in the Ohio Attorney General’s office.

Coordinating with experts
The Attorney General created an Elder Abuse Commission last April to improve education, research and training; improve the justice system’s responsiveness to older adults; and make policy, funding and programming recommendations. The commission, which meets monthly, includes representatives of agencies and organizations that serve older adults.

Trains professionals new to the field of victim services how best to handle child abuse, domestic violence, crisis intervention, legal advocacy, trauma care and death notification June 13-18

More options online
The Ohio Peace Officer Training Academy offers hundreds of advanced courses for law enforcement each year. For a full listing, visit the online course catalog at www.

www.OhioAttorneyGeneral.gov

OhioAttorneyGeneral.gov/OpOtACourses.
7

Passport to recovery
program helps departments assist identity theft victims
By Allison D’Aurora The Ohio Attorney General’s Office wants to make sure Ohio’s law enforcement agencies have the necessary information to deploy a valuable weapon in the fight against America’s fastestgrowing crime: identity theft. And it’s happy to send a staff member on the road to do it. That tool is the Identity Theft Verification Passport Program, which has been in place in Ohio since December 2004, but is drastically underutilized as a way to help identity theft victims recover more quickly and avoid being re-victimized. About 860 of Ohio’s 980 law enforcement agencies have Passport equipment, but only 250 departments use it regularly, says Wendi Faulkner, who oversees the Identity Theft Unit in the Attorney General’s Crime Victims Assistance and Prevention Section. In the past year, Faulkner has conducted 78 trainings across the state. Her messages: single departments can take identity theft reports despite the fact that cases usually cross many jurisdictions; credible databases can aid investigators; the Passport Program provides valuable assistance for victims. “People need to understand they should report identity theft to law enforcement,” Faulkner says. “And we need law enforcement to be willing and have the ability to take these cases.” An estimated 10 million Americans fall victim to identity theft each year, spending $5 million and 300 million hours resolving related problems. In Ohio, about 8,200 cases were reported to the Federal Trade Commission in 2008, but many more incidents are suspected, Faulkner says. Indeed, authorities estimate less than 5 percent of identity theft cases are ever investigated. “Identity theft is very difficult to investigate because it so time- and labor-intensive, and it’s hardly ever a crime that occurs in a single jurisdiction,” she says. “It’s hard to locate these individuals. Perpetrators might be in the same city, they might be in the next state or even in another country.” Passport equipment, which the Attorney General’s Office provides at no cost to departments, consists of a Web cam to take a victim’s photo and an electronic Enjoa pad that measures the biometrics of the victim’s signature, including the writer’s speed, pen pressure and letter height and width. A signature can be compared with the victim’s analyzed signature to determine if it is a fake. 6

opinions
Officers send these items along with the police report and victim’s Passport application to the Attorney General’s Office through the Ohio Law Enforcement Gateway (OHLEG), and a victim receives a Passport ID in two to three weeks. The card has an irreproducible font, a mathematical algorithm background, a ghost image of the victim’s photo and 10 other security features. “One way victims become re-victimized is by having to prove who they are over and over again (because that involves repeatedly sharing personal information),” Faulkner says. “This card establishes a person as a victim of identity theft.” Lt. Anthony Pfeifer of the Clinton Township Police Department in Columbus attended one of Faulkner’s training sessions last fall, giving him the know-how to use equipment that has been available in his station for three or four years. “Now I’m more prepared. I have more knowledge that I can use to better assist people in getting their lives back together,” says Pfeifer, who plans to train officers on all of his station’s shifts so that identity theft cases can be handled at any time. Allison D’Aurora is an intern with the Ohio Attorney General’s Office.

news & notes
Ohio supreme Court proposes open discovery rules
The Ohio Supreme Court has proposed amendments to the Rules of Practice and Procedure that, if approved, will mandate greater disclosure of evidence by prosecutors. The proposed changes would require a prosecutor to provide defense counsel with most witness statements prior to trial. A prosecutor could withhold sensitive materials if he or she files appropriate certifications with the trial court. The proposed rules then would allow the defendant to challenge — and the trial court to review — the prosecutor’s decision to withhold materials under an abuse-of-discretion standard. The court has submitted the proposed changes to the Legislature. The amendments become effective July 1 unless the General Assembly develops an alternate proposal. To view an announcement and the proposed changes, visit www.supremecourt.ohio. gov/piO/news/2010. In the case of Robert Van Hook, the Sixth Circuit found that defense attorneys did not uncover facts about Van Hook’s childhood and family during his trial for the murder of David Self in 1985. The Attorney General’s Office argued that Van Hook’s attorneys provided adequate representation and the sentence should be upheld. As in the other two cases, all nine justices agreed.

Statistically speaking
Here’s a look at some key stats from a 2009 survey of county prosecutors, sheriffs and police about Ohio Bureau of Criminal Identification and Investigation services:

the Opinions section of the Ohio Attorney General’s Office provides guidance on legal questions for state agencies, county prosecutors, home rule township law directors and others.
Here are brief summaries of recent opinions that might affect readers. The full text of these and other opinions dating back to 1993 is available at www.OhioAttorneyGeneral.gov/Opinions.

training, pilot project focus on drug-facilitated sexual assault
The Ohio Attorney General’s Office will offer training for law enforcement, prosecutors, health care providers and victim advocates this spring on drug-facilitated sexual assault. Forensic scientist Cynthia Morris-Kukoski with the FBI’s Quantico lab will discuss drugs used to facilitate sexual assault, evidence collection, investigation and protocols. The training will emphasize that a supportive response can reduce victims’ long-term trauma. Dates will be set soon for the training. Those interested can contact Sandy Huntzinger at sandra.huntzinger@OhioAttorneyGeneral.gov or (614) 466-4797. In addition, the Attorney General’s Crime Victims Assistance and Prevention Section will run a pilot project in Guernsey and Delaware counties to assist first responders in identifying such cases and collecting potential evidence. A Victim Against Women Act grant will fund the efforts.

2009-039

1,001 95.9%
people completed the survey.

In a county having 40 miles or more of improved inter-county or state highways, the sheriff has a mandatory duty under Ohio Revised Code 5577.13 to detail one or more deputies for the work of enforcing vehicle weight and size limits established under RC 5577.01-.14. The board of county commissioners has a mandatory duty under RC 5577.13 to appropriate from the county road fund the amount necessary to equip and compensate each such deputy. A failure to fulfill these duties may result in the lack of county enforcement of RC 5577.01-.14 and may subject the sheriff or the board of county commissioners to an action in mandamus. RC 5577.13 authorizes the county sheriff to deputize (for purposes of enforcing RC 5577.01.14) officials who patrol the county highways as employees of bodies located within the county. RC 5577.13 does not authorize the county sheriff to deputize Ohio Highway Patrol troopers.

60.9%

were satisfied or very satisfied with BCI’s communications regarding cases.

said the Crime Scene Unit is the Investgation Division’s most important service.

Attorney General successful in three death penalty appeals
For the third time in eight months, the U.S. Supreme Court in January unanimously sided with the Ohio Attorney General’s Office to reinstate a death sentence that had been set aside by the U.S. Court of Appeals for the Sixth Circuit in an Ohio murder case. The Supreme Court reinstated the death sentence of Frank Spisak Jr. for his 1982 hateinspired shooting spree at Cleveland State University that killed three and wounded one. Ohio Attorney General Richard Cordray personally argued the case, pointing out that the jury instructions provided by the trial court were proper and that the final argument by Spisak’s attorney did not deprive him of a fair trial. Earlier, the Attorney General’s Office argued that the death sentence of Michael Bies, found guilty of the murder of a Cincinnati boy in 1992, should not have been set aside because proceedings had not established that Bies was mentally retarded. The Supreme Court agreed and sent the case back to Hamilton County Common Pleas Court. A hearing on Bies’ mental capacity is set for June.

said 30 to 45 days is an acceptable turnaround time for lab results. (Throughout 2009, BCI’s four lab units — CODIS, Firearms, Latent Prints and Questioned Documents — consistently met the benchmark of 45 days or less.)

76.4%

take action to fight iD theft
Call (888) 694-3463 to arrange for law enforcement training or inquire about sessions that inform members of the public on how and why they should report identity theft. Departments without Passport equipment also can call this number to locate an agency with which to share a system or establish a direct referral process for victims. Contact Wendi Faulkner at (614) 466-1737 or wendi.faulkner@OhioAttorneyGeneral. gov to return unused equipment. The Attorney

2009-043

The sheriff of the county that issued a person a license to carry a concealed handgun under RC 2923.125 or RC 2923.1213 is responsible for entering the person’s new address into the Law Enforcement Automated Data System when the person notifies the sheriff that he has changed his residence.

Veterans services establishing application process for bonuses
The Ohio Department of Veterans Services is establishing an application process for eligible state veterans to request bonuses approved with the passage of Issue 1 in November. Service members who received the Southwest Asia Service Medal and/or whom the Department of Defense classifies as being deployed to Iraq and/ or Afghanistan are eligible. Veterans who served in other foreign countries or in the U.S. during these conflicts also are eligible, as are families of those killed in battle. Applicants must have been Ohio residents when they went on active duty and must be residents when they file for the bonus. The Ohio Department of Veterans Services will oversee how the bonuses are distributed. Questions can be directed to the agency at (888) 387-6446. More information is available at www. OhioAttorneyGeneral.gov/services/Military.

had never used the fingerprint background check function on the Ohio Attorney General’s Web site. Of those who had, 78.2 percent said it contained comprehensive information.

71.9%

General’s Office has distributed all of its available Passport equipment and has 11 agencies on a waiting list.

2009-055

Call the Attorney General’s Help Center at (800) 282-0515 for copies of Picking up the Pieces: Helping Crime Victims Rebuild their Lives. Ohio law requires law enforcement officers to distribute the booklet to every crime victim, including those of identity theft. The Attorney General’s Office also offers an Identity Theft Repair Kit booklet with information specific to this crime.

A county prosecuting attorney who notifies a board of county commissioners prior to the commencement of his term of office that he will engage in the private practice of law may not decide during his term of office not to engage in the private practice of law in order to receive, during the remainder of his term of office, the salary prescribed for a county prosecuting attorney who does not engage in the private practice of law.

90.8%

had used the BCI laboratory’s chemistry services.

64.5% 2011
3

had used the Ohio Law Enforcement Gateway (OHLEG) search engine in the past year.

is when BCI plans to repeat the survey.
Source: Survey report compiled by Wright State University’s Center for Urban and Public Affairs.

Resources at your fingertips
state library, OhiolinK provide valuable info online
By Carol Ottolenghi Need access to the latest gunshot residue or domestic violence studies? Are you up on the new taser safety info? Looking to improve your computer skills or how you present evidence in court? This information and much more is free and just a few mouse clicks away through the State Library of Ohio and OhioLINK. All you need is Internet access at your office, home or library and a free State Library card. The State Library of Ohio and Ohio’s colleges and universities pool their resources for costsavings and statewide access to information. This provides Ohioans with free access to thousands of professional publications, online databases and career exam-prep courses. The smallest prosecutor’s office, police station or victim advocacy organization has the same access as the largest corporation or research university. The easiest way to find the databases and publications is via OhioLINK, www.ohiolink.edu. When you access the OhioLINK Web site, check out the links in the left column, under “Welcome to OhioLINK.” Here’s a sampling of what you’ll find there: The OhioLINK Library Catalog lists materials available from Ohio’s colleges and universities. It allows you to borrow books from higher education institutions statewide. Electronic Journal Center gives you online access to thousands of journals. Among them are Violence Against Women, Accident Analysis and Prevention, Journal of Forensic Sciences and Homicide Studies. E-Book Center has hundreds of online books, including dictionaries, encyclopedias and a great selection of how-to computer books. Library Databases provide access to millions of newspaper, academic, business and conference articles. Two of the most powerful databases are EBSCOHost and Science Citation. If you need access to the latest drug abuse studies, college crime stats, traffic safety info and more, these provide it quickly and reliably. Your State Library card also gives you entry to the State Library’s free Learning Express Centers. These include online programs that assist with such things as computer skills, college prep, job searches and career exam prep (civil service, emergency services and more). To use the Learning Express Centers, visit www.library.ohio. gov and click on “Learning Express Library” under “Statewide Resources & Services.” For more in-depth help using the State Library and OhioLINK resources, speak to your local librarian. Carol Ottolenghi is deputy director of library services for the Ohio Attorney General’s Office.

An OHlEG user’s guide
what’s new. what’s ahead.
The Ohio Law Enforcement Gateway, operated by the state Attorney General’s Office, is a Web-based platform that allows agencies to access and share information to prevent and solve crimes. Here are some of the ways OHLEG is most widely used by law enforcement and a preview of what’s coming. Indicates an existing feature. Indicates an upcoming aspect of OHLEG.

how to get a free state library card
To access the resources at the State Library and OhioLINK, you’ll need a free card from the State Library of Ohio. To get one: Visit www.library.ohio.gov Click on “Get a Library Card” under “I’d like to” In the middle column, select “Ohio residents” Fill out the form. Your card should arrive in the mail within a week.

Local and state law enforcement ran more than 3.8 million searches on OHLEG in 2009. Some things that can make your searches even faster and more productive: Save searches to an Excel spreadsheet Open multiple details at once Track ownership of vehicles and perform license checks Run entire criminal histories to help officers better prepare to confront specific offenders View a list of who else is searching for this information to increase communication about similar crimes

thE sEARCh EnGinE

CAll RECORDs MODUlE

Tracks incoming calls, helping departments spot trends even when incident reports aren’t generated Records the time and nature of incoming calls as well as the caller’s location Can help departments schedule personnel during busiest times

ElECtROniC phOtO linEUp

Helps departments compose photo lineups quickly and easily Pulls 15 images from multiple databases based on a suspect’s description Officers select five photos, which then are randomly placed within a lineup

in the courts
Ruling in State v. Smith limits search of cell phone data
The Ohio Supreme Court’s ruling in State v. Smith in December prohibits law enforcement officers from searching data within a cell phone seized incident to arrest unless the search is necessary for officers’ safety or there are exigent circumstances. The case involved an individual who was transported to the hospital in January 2007 after a reported drug overdose. While at the hospital, she was questioned by police and agreed to call her drug dealer, whom she identified as Smith, and arrange a drug purchase. Police lawfully arrested Smith that evening and confiscated his cell phone. Without a warrant or Smith’s consent, they searched data within the cell phone and discovered call records and phone numbers. Evidence of the earlier phone call from the witness allowed police to confirm Smith’s identity as the drug dealer. 4 However, the Ohio Supreme Court found that the search was unreasonable by Fourth Amendment standards and that the call record evidence should be excluded. Justices ruled that cell phones are unlike purses or address books, which can be searched in a valid arrest. Instead, because of the phones’ ability to store large amounts of private data, users have a high expectation of privacy, requiring police to obtain a warrant or have the owner’s consent before searching their contents. The court further found that even if the call records on Smith’s phone could be quickly and permanently deleted, creating a seemingly exigent circumstance, officers could later obtain call records from the cell phone service provider. Law enforcement officers are cautioned that in the absence of consent or a clear emergency, such as the need to locate a kidnap victim or dangerous weapon, they should seek a warrant before searching cell phone data. They also are encouraged to contact the appropriate city or county prosecuting attorney or legal counsel if they have questions about the impact of this case on constitutional criminal procedure. Legal instructors are urged to consider this case when discussing searches related to arrests.

CitAtiOn MODUlE

Officers use a portable device to scan a driver’s license and pull the driving record Officers can issue a citation and immediately report it to the BMV Small printer will allow officers to print the citation in their cruisers

RECORDs MAnAGEMEnt systEM

Court upholds constitutionality of enhanced DUi sentence
The Ohio Supreme Court has rejected a challenge to the constitutionality of a statute that enhances an impaired driver’s sentence based on his refusal to submit to a chemical test. The decision in State v. Hoover in September 2009 means that an impaired motorist must continue to submit to a chemical test or face a license suspension and an enhanced penalty if he has had a prior DUI in the past 20 years.

Gives departments a customized in-house records management system without incurring the costs Includes administrative functions such as a message center, news and alerts, and supervisor review and approval process Allows agencies to export data to OLLEISN to increase communication between departments

iDEnti-DRUG

OhlEG COnnECts

Will connect OHLEG users through an electronic messaging system Gives users the option of creating groups within their own or multiple agencies

Allows officers to quickly identify medication and pass information on to health-care providers in overdose and poisoning situations Provides details on nearly 40,000 medications, including photos Describes drugs by color, shape, ingredients, strength, manufacturer, class and identification number

5

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