Potter Law Blog

Review Highlight - 6/28/2017

We would like to take the time to highlight a review that we received recently on Google.

We are so happy to hear the positive feedback! Once again, thank you!

-Potter Law Office

Bipartisan Effort Launched to Update Ohio Crime Laws - 6/2/2017

Below is an article that we would like to highlight in this week’s blogs, from US News.com written by ANDREW WELSH-HUGGINS, Associated Press. 

COLUMBUS, Ohio (AP) — Offenders on parole who commit technical violations like missing mandatory meetings wouldn’t automatically be returned to prison under a bipartisan effort announced on the 22nd of February, 2017, as a way of reducing Ohio’s prison population.

The bipartisan state Senate legislation also would allow more offenders to petition to have their records sealed and give judges more discretion when sentencing inmates to parole. In addition, it would put more emphasis on rehabilitation in an effort to keep more nonviolent offenders in their communities.

The proposal is one of a series of efforts during the past few years seeking to reduce the state’s bulging prison population by changing how Ohio punishes offenders.

The goal is a fair and equitable criminal justice system, said state Sen. Charleta Tavares, a Columbus Democrat.

“Not every violation of the law necessitates a stay in prison,” Tavares said. “We are trying to do right by the citizens of Ohio by creating a justice system that rehabilitates and reforms those who have offended, not just places them behind bars.”

If offenders are doing their best to rehabilitate themselves, it doesn’t make any sense to send them back to prison for minor violations of their parole, said state Sen. John Eklund, a Republican from Geauga County in northeastern Ohio.

Ohio houses about 50,200 inmates — 130 percent over its capacity. That’s about 300 fewer inmates than this time a year ago, according to the Department of Rehabilitation and Correction. The record high was 1,273 in November 2008.

Nationally, about 14 percent of offenders in state prisons are there for drug offenses, compared with 28 percent in Ohio, said prisons Director Gary Mohr. He said that makes him confident there’s a lot the state can do to reduce its population by focusing on nonviolent offenders.

A key is the emphasis on rehabilitation contained in the proposal, particularly when it comes to people fighting addiction, Mohr said.

He said judges should be able to look at individuals with felony charges long in the past, examine their overall record, and decide that sealing those convictions is the right thing to do.

“It’s in the best interest of not just that person or family, it’s in the best interest of the neighborhoods to seal that record and allow someone to fully become employed and have a sense of pride and dignity,” Mohr said.

 SOURCE: https://www.usnews.com/news/ohio/articles/2017-02-22/bipartisan-effort-launched-to-update-ohio-crime-laws

Physical Control v. Reckless Operation - 5/12/2017

Prosecutors sometimes will present a client a plea offer involving a reduced charge called “physical control.” Physical control is being in control of a car while you are impaired. It is a zero point violation under Ohio law and does not require a mandatory driver’s license suspension. Physical control is often presented in conjunction with reckless operation. Read the following article to determine which is more advantageous.

“Physical control” involves being in physical control of a vehicle while under the influence of alcohol or drugs. A close reading of this definition will reveal that you do not have to be driving or operating the vehicle to be charged with physical control. An example can be found in the case of Cincinnati v. Kelley, where the court found that a person who is in the driver’s position of the front seat of a vehicle with possession of the vehicle’s keys is in “physical control” of the vehicle.

The definition of “vehicle” can be found in ORC 4511.01(A), which states that a vehicle is defined as “every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that “’vehicle”’ does not include any motorized wheelchair, any electronic personal assistive mobility device, and device that is moved by power collected from overhead electric trolley wires, or that is used exclusive upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power.”

Thus, a person can be convicted of physical control of a bicycle, but not a unicycle or tricycle. This same logic applies to Ohio’s DUI/OVI (drunk driving) statue, ORC 4511.19.

“Operate” is defined in ORC 4511.01(HHH) as “to cause or have caused movement.” However, State v. Adams held that slumping over the wheel of a vehicle while the vehicle is running is operating a vehicle. A case that offers an excellent discussion of how to define “operation” is State v. Mackie, where the defendant’s vehicle was stuck in the snow and incapable of movement. The defendant’s conviction was reversed due to insufficient evidence demonstrating intoxication while the vehicle was operable.

Now that we have discussed the statutory definition of physical control, what are the penalties for a physical control conviction in Ohio. Physical control is a 1st degree misdemeanor in Ohio, which carries a maximum 6 months in jail, $1000 fine, and a driver’s license suspension of up to 1 year. Unlike a reckless operation charge, physical control carries zero points on your Ohio driver’s license. In addition to these penalties, the court may require that you attend a 3-day driver’s intervention program. Another benefit of physical control (and reckless operation) is that a prior DUI/OVI conviction will trigger enhanced minimum penalties for future DUI/OVI conviction, but a prior physical control conviction will not trigger the enhanced penalties for future DUI/OVI convictions.

Reckless operation in Ohio can be charged as one of several types of offenses when dealing with the operation of a vehicle with willful or wanton disregard to persons or property. Reckless operation is often charged under ORC 4511.20, but it can be charged under ORC 4511.201 (reckless operation while off-road) and ORC 1547.07 (while on a watercraft).

The statutory definition of ORC 4511.20 is as follows:

  1. No person shall operate a vehicle, trackless trolley, or streetcar on any street or highway in willful or wanton disregard of the safety of persons or property.
  2. Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

If you have been arrested for DUI/OVI near Bowling Green, Ohio, contact Potter Law Office to discuss your case. Attorney Skip Potter is an experienced DUI/OVI attorney who will speak with you about the facts of your case and vigorously defend you and your ability to drive. Don’t face the serious consequences and repercussions of a DUI/OVI charge alone. Contact us now.


SOURCE: https://www.linkedin.com/pulse/physical-control-v-reckless-operation-ohio-david-johnson

“Annie’s Law”, Changes to Ohio’s OVI Statute - 4/28/2017

This week we are featuring an article written by Curt Kissinger, a guest columnist with http://www.cincinnati.com. 

Beginning in April, significant changes to Ohio’s operating a vehicle under the influence of alcohol (“OVI”) laws are set to be implemented.

Ohio House Bill 388, known as Annie’s Law, is named for Chillicothe attorney Annie Rooney, who was killed by a multiple prior OVI offender in an automobile accident on US 50.

Ohio law prohibits drivers from operating a motor vehicle if their ability to operate a vehicle is appreciably or noticeably impaired by alcohol or drugs. The statute creates a separate offense for driving a vehicle with a prohibited blood-alcohol level. An OVI conviction requires the court to impose mandatory penalties related to jail time, fines, license suspension, and vehicle immobilization and forfeiture.

Under Annie’s Law, the mandatory minimum suspension of a driver’s license, for a first-time offender, increases to a minimum one-year suspension from the previous six-month suspension. The maximum length of the suspension remains three years. For individuals with prior OVI convictions, the new law increases the length of the suspension.

To address concerns regarding individuals with multiple OVI convictions, Ohio law provides an array of increased mandatory penalties for offenders who have prior OVI convictions within the past six years. Annie’s Law increases this “look back” period from six to 10 years. By way of example, if a driver is convicted of a new OVI charge, and had a prior OVI conviction eight years ago, the mandatory penalty for the new OVI would be no greater than the mandatory sentence for a first-time offender. Under the new law, that prior conviction would now fall within the 10-year look back period and subject the defendant to increased penalties.

The most significant change created by Annie’s Law involves first-offenders and the use of the ignition-interlock device (“IID”). The IID is installed in the ignition of a vehicle requiring the driver to submit a breath test before the vehicle will start. If alcohol is detected, the vehicle will not start and notice of the failed start, and the breath test result, is recorded.

For the first offender, the mandatory minimum license suspension increases to one-year. However, Annie’s Law will now permit a defendant to request the court to allow unlimited driving privileges with the installation of the IID. The theory being that the IID provides the greatest assurance that an individual is not driving under the influence of alcohol. If a person requests the IID, the new law will allow the court to reduce the mandatory minimum suspension from one-year to six-months. If a driver has a positive alcohol reading or tries to tamper with or circumvent the IID, the length of the suspension may be doubled.

Hopefully, future legislative changes aren’t necessitated as a result of the tragic loss of life on Ohio’s highways.

Judge Curt Kissinger is a judge on the Hamilton County Municipal Court and is chair of the Court’s Criminal and Traffic Law Committee. He is elected from the 4th judicial district which includes Anderson Township, Mount Washington, Newtown, Mariemont, Fairfax, Hyde Park, Mount Lookout and Oakley.

SOURCE: http://www.cincinnati.com/story/news/local/community-news/2017/03/01/column-annies-law-changes-ohios-ovi-statute/98201896/

Underage DUI/DWI Laws & Penalties - 3/31/2017

While the legal drinking age in the United States is 21, studies consistently show that most young people begin drinking alcohol before their 21st birthday and that underage drinking can lead to dangerous behaviors such as binge drinking and drinking and driving. In an effort to combat underage drinking and driving, the federal government passed a law requiring each state, under the threat of losing federal highway money, to suspend the license of any minor driving with a blood alcohol content (BAC) of .02% or higher.

To comply with this federal law, states have passed “Zero Tolerance Laws” that make it illegal for a minor to operate a car after drinking even a very small amount of alcohol, even when there is no evidence that the minor’s ability to drive was impaired. In addition to losing their licenses, minors who violate their state’s Zero Tolerance Law may also suffer other consequences.

Operating a vehicle

States define driving or operating a vehicle in different ways. In some states, operating a vehicle is broadly defined to include being in control of the car, even if it is not moving. For example, sitting in the driver’s seat with the keys in the ignition may be considered operating a vehicle.

Blood alcohol content

Depending on the state, the BAC limit for minors may be .00%, .01%, or .02%. In states with a .00% limit, it is a crime for a minor to drive after drinking any amount of alcohol. Even in states with slightly higher BAC limits, a minor who has one drink or even one-half of a drink could be convicted of a DUI.


Under each state’s Zero Tolerance Law, minors who drive with BAC over the legal limit will lose their licenses and may also face other penalties.

Driver’s license suspension

Minors can lose their licenses if they:

  • have a BAC over state’s Zero Tolerance limit, or
  • refuse to take a BAC test (such as a blood test or a Breathalyzer).

Often, the police officer that makes the traffic stop or responds to the accident can take and suspend the minor’s driver’s license then and there. While the length of the suspension can vary based on the state, the minor’s age, and the minor’s BAC, suspensions of one to two years are not uncommon.

Other penalties

Additional punishments for underage DUI convictions vary depending on the facts of the offense and the state’s laws. A DUI that results in an accident that causes injury or death will be dealt with much more harshly than a DUI that results in a mere traffic law violation.

Possible consequences include:

  • jail time or time in a juvenile facility
  • participation in an alcohol treatment program
  • restitution (repayment) for any damages caused to property or medical expenses
  • driving safety classes
  • installation of an ignition lock that only permits the driver to start their car after blowing into a Breathalyzer
  • community service, and
  • fines.

Punishment for multiple DUIs

While first-time offenders face stiff penalties, many states have imposed harsher punishments for second (or subsequent) DUI convictions. Depending on the state, second DUIs may be treated as felonies, or may require mandatory jail time (or time in a juvenile facility) in addition to the other penalties listed above. In many states, a conviction or license suspension for an underage DUI can qualify as a first offense if the defendant is later convicted of DUI as a minor or as an adult.


Don’t let a DUI ruin your record. Contact our office to obtain legal representation for your case. Skip Potter has been practicing defense law for over 30 years. Let him, help you. Contact the office now to schedule a confidential consultation.

Source: http://www.criminaldefenselawyer.com/crime-penalties/juvenile/underage-dui.htm

Drunk and Disorderly - 3/24/2017

Drunk and Disorderly

In Ohio, people commit the crime of disorderly conduct by:

  • while intoxicated, engaging in conduct that risks harm to themselves, others, or other’s property, or
  • while intoxicated in a public place (or in the presence of two or more people), engaging in conduct that is likely to offend, inconvenience, scare, or annoy others.

(Ohio Rev. Code § 2917.11.)

For example, a diner in a restaurant who becomes belligerent and starts yelling obscenities at people after drinking too much could be convicted of disorderly conduct, as could a group of drunken college students who are caught swimming in a dangerous quarry at night.

In contrast, a couple who get drunk and pass out in their own home are not guilty of any crime so long as their behavior does not pose a risk to themselves or anyone else.

Similarly, people cannot be convicted of disorderly conduct for merely sleeping or sitting in a parked car while intoxicated. Of course, people who operate a motor vehicle while intoxicated can be convicted for driving under the influence (DUI).

Aggravated disorderly conduct

Disorderly conduct is punished more severely if:

  • the defendant continues the conduct after being asked or warned to stop
  • the conduct occurs at or near a school
  • the conduct occurs in the presence of law enforcement officer, firefighter, medical personnel, or any person responding to an emergency.

(Ohio Rev. Code § 2917.11.)

Protective Custody and Treatment

A person who appears to be intoxicated or an alcoholic and who would benefit from alcohol treatment may be taken into protective custody under certain circumstances.

Instead of making an arrest, a police officer may take a person who is drunk and disorderly to an alcohol and drug treatment program for up to 48 hours. The person must be released if he or she wants to leave.

A judge can place a person charged with any misdemeanor in an inpatient treatment program for up to five days. If the person is charged with disorderly conduct, the judge can dismiss the charge contingent on the defendant successfully completing treatment.

A judge can also order a person convicted of being drunk and disorderly, driving under the influence, misdemeanor domestic violence, or violating a protective order into alcohol treatment as part of the defendant’s sentence. The ordered treatment cannot last longer than the defendant’s maximum possible term in jail or prison.

(Ohio Rev. Code § 2935.33.)


Disorderly conduct is a minor misdemeanor, punishable by a fine of up to $150. Aggravated disorderly conduct is a misdemeanor in the fourth degree, punishable by up to 30 days in jail and a fine of up to $250.

(Ohio Rev. Code §2929.24, §2929.28.)

Obtaining Legal Assistance

If you are charged with disorderly conduct, you should contact an Ohio criminal defense attorney. An attorney can tell you how your case is likely to fare in court, based on the facts and the assigned judge and prosecutor. With an attorney’s help, you can hopefully achieve the best possible outcome in your case.

If you do find yourself in a situation like this, please do not hesitate to contact our office at (419) 353-SKIP to schedule a confidential consultation. We are available 24/7 and are happy to assist you with your legal needs.

SOURCE: http://www.criminaldefenselawyer.com/resources/ohio-public-intoxication-laws.htm#


What is an OVI? - 3/17/2017


OVI is the abbreviation for Operating a vehicle impaired. Ohio’s General Assembly amended our drunk driving/DUI statute to broaden the offense from driving under the influence to operating a vehicle impaired. The big difference is that operation does not require that the vehicle actually be moving. As a matter of fact, the vehicle doesn’t even have to be running so long as you are in the driver’s seat and the keys are within reach. Example: the vehicle is pulled off to the side of the roadway with the driver in the driver’s seat asleep (passed out) and the keys in the driver’s hand.

If the police officer can’t prove that you actually drove the vehicle while impaired, you can be charged with Physical Control (Ohio Revised Code Section 4511.194), however, so long as it can be reasonably inferred (either through direct or circumstantial evidence) that you drove while impaired, you can be charged with OVI.


What does “Physical Control” mean?  Ohio’s Physical Control Statute, O.R.C. 4511.194, became effective on 1/1/05. Physical Control is similar to an Ohio OVI/Ohio DUI charge in that it deals with being in a vehicle while under the influence of alcohol or drugs of abuse with one exception, Physical Control does not require that the vehicle have ever been driven or even started.

The best example of a Physical Control violation is the person who staggers out of the tavern and decides to “sleep it off” in their vehicle. Often times what happens is the person starts the car, either to run the air conditioner or the heater, so the vehicle is actually running, then goes to sleep. However, one need not have the car running or even have the keys in the ignition in order to be in violation of O.R.C. 4511.194 – Physical Control. Under the statute, having the keys within reach will satisfy the definition of having “physical control.” The physical control statute was essentially designed to “reward” or rather, not punish as severely, the person who drinks too much (or uses drugs of abuse) and then gets into their car, but decides not to actually drive.


There is an overwhelming opinion amongst the general public (or maybe just the drinking public) that a first offense Ohio OVI/DUI should be reduced to a reckless operation charge. Can this really happen? Well, it depends in large part on a number of things, including, but not limited to:

1.) The prosecutor’s attitude toward OVI/DUI charges;

2.) The Court (or Judge’s) attitude toward OVI/DUI charges;

3.) The actual facts of your case, including such facts as:
a. Was there a breath test performed and if so, how high (or low) was the  result;
b. Was there an accident or bad driving; and
c. Where you polite and cooperative to the arresting officer.

These are but a few of the many considerations that will be considered when the prosecutor and your attorney sits down to discuss the possible out come at a pre-trial conference. This is not to say that if you had a low breath test and you were polite and cooperative that it guarantees a reduction of your charge, in fact, many courts (or prosecutors) take a “no reduction” or “zero tolerance” approach with OVI/DUI charges. This is why it is so important to find an attorney who is familiar with the court and prosecutor that you will be facing in your OVI/DUI case.

If you do find yourself in a situation like this, please do not hesitate to contact our office at (419) 353-SKIP or contact us to schedule a confidential consultation. We are available 24/7 and are happy to assist you with your legal needs.

Source: http://ovilaw.com/ohio_ovi_faq.asp

If Arrested for an OVI/DUI, You Probably Didn’t Pass the Field Sobriety Tests - 3/10/2017


Many people think they actually passed the field sobriety tests before they were arrested!  The problem is, most people who are taking the field sobriety tests are inexperienced in taking the tests and accordingly, have no idea what the officer is looking for.

If the officer checks your eyes, simply being able to follow the pen (or their finger) doesn’t mean you passed the test.  What the officer is looking for is an involuntary twitch of the eyeball called nystagmus – specifically, Horizontal Gaze Nystagmus (HGN).

Nystagmus is a condition that is check for everyday in thousands of individuals and the HGN is usually administered by someone with much more schooling than a police officer – their called doctors!  Specifically, neurologists use this test on a daily basis to check patients for various neurological conditions such as multiple sclerosis and Parkinson’s disease.  There are numerous substances that we ingest that can also cause nystagmus including nicotine, caffeine and of course, alcohol.  Specifically, the National Highway Traffic Safety Administration (NHTSA) has told us that if a police officer gives this test using the specified procedures, it is a tool that can assist the officer in determining the likelihood of the test subject having a blood-alcohol level greater than 0.10 – specifically, there is a 77% chance that the person will test 0.10 or higher on a breath test machine (or blood or urine test).

The Walk & Turn test that was administered is another exercise used to assist the officer in knowing the likelihood of a subject testing 0.10.  Specifically, the officer should be trained to administer very specific instructions and then look for the following things:

1.) Suspect Cannot Keep His Balance While Listening To The Instructions
i. Score this only if suspect does not maintain the heel-to-toe position throughout the instructions (feet must actually break apart)
ii. Do not score this clue if suspect sways/uses his arms to balance himself, but maintains the heel-to-toe position

2.) Suspect Starts Before Instructions Are Finished

3.) Suspect Stops While Walking
i. Record this clue if suspect pauses for several seconds
ii. Do not record this clue if the suspect is merely walking slowly

4.) Suspect Does Not Touch Heel-to-Toe – gap between heel and toe must be more than ½ inch

5.) Suspect Steps Off The Line – at least one foot of the suspect must be entirely off the line

6.) Suspect Uses Arms To Balance – arm(s) must be raised more than 6 inches from sides for this clue

7.) Suspect Makes Improper Turn
i. Suspect removes front foot from the line while turning
ii. Suspect does not follow directions as demonstrated (i.e., spins or pivots around)

8.) Suspect Uses Incorrect Number of Steps – either more or fewer steps in either direction

Again, NHTSA has indicated that if an officer observes two (2) or more of the preceding eight (8) indicators, there is a 68% chance the subject will test 0.10 or higher.

The One-legged stand (OLS) is the 3rd test endorsed by NHTSA as a tool to be used to help officers determine the likelihood a subject will test 0.10.  The NHTSA guidelines instruct the officer to watch for the following:

1.) Suspect Sways While Balancing – side-to-side or back-and-forth motion while in one-leg stand position

2.) Suspect Uses Arms To Balance – arms must be raised more than 6 inches from sides to count this clue

3.) Suspect Hopping (to maintain balance) –resorts to hopping in order to maintain balance

4.) Suspect Puts Foot Down – not able to maintain one-leg position, but puts foot down one or more times during 30 second count

As you may suspect, NHTSA tells us that if the proper instructions are administered, if an officer sees 2 of the preceding 4 indicators, there is a 65% likelihood the subject will test 0.10 or higher.

Your OVI / DUI attorney should be familiar with the NHTSA standardized procedures and criteria and know how to effectively challenge these tests in court.  Even if the judge says these tests are admissible at trial, a competent OVI attorney / DUI attorney should know how to deal with these tests in front of a jury (so long as the client was not literally “falling down drunk”).

If you do find yourself in a situation like this, please do not hesitate to contact our office at (419) 353-SKIP to schedule a confidential consultation. We are available 24/7 and are happy to assist you with your legal needs.

Source: http://ovilaw.com/ohio_ovi_faq.asp

Top Ten Ohio OVI Facts & Legal Rights You Should Know - 3/1/2017

If you do find yourself in a situation like this, please do not hesitate to contact our office at (419) 353-SKIP. We are available 24/7 and are happy to assist you with your legal needs.

Source: https://www.avvo.com/legal-guides/ugc/top-ten-ohio-ovi-facts--legal-rights-you-should-know

Miranda Rights: What Happens If Police Don’t ‘Read Your Rights’ - 2/22/2017

Many people believe that if they are arrested and not “read their rights,” they can escape punishment. Not true. But if the police fail to read a suspect his or her  Miranda  rights, the prosecutor can’t use for most purposes anything the  suspect says as evidence against the suspect at trial. Of course, as with nearly all legal rules, there are exceptions.

What Are Your Miranda Rights?

The  Miranda  warning (from the U.S. Supreme Court’s  Miranda v. Arizona  decision), requires that officers let you know of certain facts after your arrest, before questioning you. An officer who is going to interrogate you must convey to you that:

  • You have the right to remain silent.
  • If you do say anything, it can be used against you in a court of law.
  • You have the right to have a lawyer present during any questioning.
  • If you cannot afford a lawyer, one will be appointed for you if you so desire.

When the Miranda Warning Is Required

It doesn’t matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or the middle of an open field: If a person is in custody (deprived of his or her freedom of action in any significant way), the police must read the  Miranda  rights if they want to ask questions and use the answers as evidence at trial.

If someone is not in police custody, however, no  Miranda  warning is required and anything the person says can be used at trial. Police officers often avoid arresting people—and make it clear to them that they’re free to go—precisely so they don’t have to give the  Miranda  warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along.

Pre-Arrest Questioning

Do you have to respond to police questions if you haven’t been arrested? Generally, no. (You typically don’t have to answer  even if you’re under arrest.) A police officer generally cannot arrest a person simply for failure to respond to questions. (There are, however, situations where you might have to provide information like identification).

Post-Arrest Questioning

The almost-universal advice of defense attorneys is to keep the old mouth tightly shut when being questioned after an arrest, at least until after consulting an attorney. Suspects all too frequently unwittingly reveal information that can later be used as evidence of their guilt.

Consequences of Failure to Provide Miranda Warning

Without a  Miranda  warning, what the arrestee says in response to custodial questioning can’t be used for most purposes as evidence at trial.

When Police Come Down Too Hard

A violation of Miranda rights doesn’t necessarily mean that the officers coerced the statement out of the suspect. But if they did, not only is the statement inadmissible, but so too is any evidence that the police obtain as the result of it.

Talk to a Lawyer

The Miranda rule is complex, and no one article can address all its ins and outs. If you’ve been arrested or charged with a crime, you should talk to a lawyer for a full explanation of the law, including how it may differ slightly in your state.

If you are in search for an attorney that has your best interest in mind, don’t hesitate, contact Skip Potter now! He will listen to your concerns and will give you a direct response on what your best and worse case scenario is. His ultimate goal is to get you the best result possible. Contact us now to schedule a consultation.

Source: http://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html