OH12: Counsel talking with client within earshot of courtroom security was not privileged communication; they waived REP

Overhearing a conversation between attorney and client in the courtroom in front of a courtroom security officer was not a violation of the Fourth or Sixth Amendment because they chose to talk within earshot of him. “Had Lawson and his counsel wished to protect the right to private consultation, they could have chosen to discuss matters in the jail where Lawson had the right to hold discussions with counsel without security personnel in the room. Such was Lawson’s right. His choice not to do so, however, is not a violation of his constitutional right to counsel.” This is not a situation of an overheard private conversation where there was an expectation of privacy. State v. Lawson, 2012 Ohio 548, 2012 Ohio App. LEXIS 481 (12th Dist. February 13, 2012).

“Fruits of the crime” from state Rule 41 in the search warrant was an adequate description where it was not possible for officers to specify what the proceeds would be. The police validly seized the goods, but it wasn’t good enough to convict for possession of proceeds because it was speculation. State v. Conway, 2012 Ohio 590, 2012 Ohio App. LEXIS 514 (8th Dist. February 16, 2012).