Legal Opinion
State v. Emerson
Ohio Supreme Court
Decided November 1, 2012No. 2011-0486PublishedCited by 66 opinions
1Opinion of the CourtCupp, J.
{¶ 1} There are two issues presented in this case. First, when a sample of a person’s DNA is lawfully obtained by the state during the course of a criminal investigation but the person is acquitted of that crime, does that person have standing to object under the Fourth Amendment to the U.S. Constitution to the retention by the state of the DNA profile obtained from that sample or its use in a subsequent criminal investigation? Second, is the state authorized to retain and subsequently use a DNA profile when the DNA sample was lawfully taken from a person during a criminal investigation, but…
2Cases cited20 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Rakas v. IllinoisSupreme Court of the United States · 1979
- United States v. CalandraSupreme Court of the United States · 1974
- Alderman v. United StatesSupreme Court of the United States · 1969
- Rawlings v. KentuckySupreme Court of the United States · 1980
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3Cited by66 opinions
- State v. Wintermeyer (Slip Opinion)Ohio Supreme Court · 2019
- State v. CampbellOhio Supreme Court · 2022
- State v. GurleyOhio Court of Appeals · 2015
- State v. PettyOhio Court of Appeals · 2019
- State v. ShropshireOhio Court of Appeals · 2016
61 more not listed; retrieve them via the Exa API.