Legal Opinion

State v. Pembaur

Ohio Supreme Court

Decided February 8, 1984No. 82-1757PublishedCited by 43 opinions

1Opinion of the CourtReilly, J.

The key issue presented in this case is whether a person may obstruct a law enforcement officer in the discharge of that officer’s duty, when the person believes that the officer’s conduct is unlawful. The state contends that this court should hold that a capias or an arrest warrant includes the authority to enter the business premises of a third party when the officer reasonably believes the subject named in the warrant will be found therein. Notwithstanding, it is not necessary to determine the authority conferred by a capias in this appeal, nor to announce the broad rule of law urged by…

2Cases cited1 opinion

  1. City of Columbus v. FraleyOhio Supreme Court · 1975

3Cited by43 opinions

  1. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
  2. Clifford Cummings, Jr. v. City of Akron Rodney Sherman and Howard Vaughn, Jr.Court of Appeals for the Sixth Circuit · 2005
  3. Michael Hoover v. Garfield Heights Municipal CourtCourt of Appeals for the Sixth Circuit · 1986
  4. City of Middleburg Heights v. TheissOhio Court of Appeals · 1985
  5. Mayes v. City of ColumbusOhio Court of Appeals · 1995

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