R.C. 2935.26 Interpretation
In Ohio a person may be arrested for a minor misdemeanor only in certain limited circumstances. R.C. 2935.26(A)(1) through (4).
R.C. 2935.26 applies in all minor misdemeanor arrests notwithstanding any other provision in the Revised Code. R.C. 2935.26(A).
It has been held in Ohio that an arrest for a minor misdemeanor that does not comply with R.C. 2935.26 is an unreasonable seizure under the Fourth and Fourteenth Amendments to the United States Constitution and under Section 14, Article I of the Ohio Constitution. State v. Jones (2000), 88 Ohio St.3d 430, 727 N.E.2d 886.
Consequently, if a person is arrested for a minor misdemeanor and the arrest is not allowed under R.C. 2935.26, evidence seized as a result of such arrest must be suppressed upon a proper motion, if State v. Jones is still good law in Ohio, and if the search was "incident" to the arrest. Jones, supra.
 the existence of an arrest depends on the existence of the following four elements:
(1) an intent to arrest;
(2) under real or pretended authority;
(3) accompanied by an actual or constructive seizure;
(4) which is so understood by the person arrested. State v. Barker (1978), 53 Ohio St.2d 135, 7 O.O.3d 213, 372 N.E.2d 1324.
 An arrest for a minor misdemeanor is not an unreasonable seizure under the Fourth and Fourteenth Amendments to the United States Constitution. Atwater, supra, 532 U.S. at 318, 121 S. Ct. at 1538, 149 L. Ed. 2d at 555.
 a traffic stop may last no longer than is necessary to effectuate the purpose of the stop. State v. Carlson (1995), 102 Ohio App.3d 585, 598, 657 N.E.2d 591.
 During the stop, the officer may run the driver's license through L.E.A.D.S. to ascertain whether the license, plates, and registration are valid and to make sure the driver does not have any outstanding warrants. Carlson, 102 Ohio App.3d at 598, 657 N.E.2d 591.
 In determining whether the length of the stop was reasonable, a trial court must consider. the duration of the stop in light of all the circumstances and also whether the officer acted diligently in conducting his/her investigation. Carlson, 102 Ohio App.3d at 598, 657 N.E.2d 591.
Traffic stops up to twenty minutes have been held to be reasonable by both the Ohio and United States Supreme Courts. State v. Cook (1992), 65 Ohio St.3d 516, 521-522, 605 N.E.2d 70; and United States v. Sharpe (1985), 470 U.S. 675, 105 S. Ct. 1568, 84 L. Ed. 2d 605.
[6, 7] the use of a dog to sniff around a stopped vehicle is not in and of itself a "search" or "seizure," provided that the driver of the vehicle is otherwise lawfully detained. Carlson, 102 Ohio App.3d at 594, 657 N.E.2d 591. Once a drug dog has "alerted" on a vehicle, then that alert becomes probable cause to search the vehicle. Carlson, Ohio App.3d at 600, 657 N.E.2d 591.
 a person who is in custody must be advised of his or her right to remain silent, of his or her right to an attorney, of the right to an attorney even if the person is indigent, of the right to appointed counsel if such person is indigent, and the right to stop talking at any time. Miranda v. Arizona (1966), 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694.