Legal Opinion · Dissent

State v. Robinette

Ohio Supreme Court

Decided September 6, 1995No. 94-1143Published

1Dissent

Francis E. Sweeney, Sr., J.,

dissenting. I am disturbed by the majority’s requirement that police officers must now recite certain words before a consensual interrogation may begin. This “bright-line” test appears unique to Ohio and vastly undercuts our law enforcement’s ability to ferret out crime. Furthermore, the majority’s test is contrary to well-established state and federal constitutional law.

*656The United States Supreme Court has made it clear that not every encounter between a police officer and citizen is a seizure. Florida v. Bostick (1991), 501 U.S. 429, 434, 111 S.Ct. 2382, 2386, 115…

2Cases cited9 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. United States v. MendenhallSupreme Court of the United States · 1980
  3. Florida v. BostickSupreme Court of the United States · 1991
  4. Florida v. JimenoSupreme Court of the United States · 1991
  5. State v. ChattonOhio Supreme Court · 1984

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