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WHAT THE WORDS MEAN

Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Ohio law uses, what it actually means, and the misreading it usually collects.

178 terms

1

1.4G consumer fireworks

The class of fireworks a person at least eighteen years of age may discharge on their own property, or on property whose owner has given express permission, on the days the section lists and generally between four in the afternoon and eleven at night.

Also called consumer grade fireworks, the ones you buy at the tent

The class of fireworks a person at least eighteen years of age may discharge on their own property, or on property whose owner has given express permission, on the days the section lists and generally between four in the afternoon and eleven at night.

What it is not

Being on the state's list of days does not make it lawful everywhere. A county, township or municipal corporation may restrict the dates and times or ban the discharge altogether.

  • ORC 3743.45
  • ORC 3743.451
Where it applies →

A

Accessible to the operator

The phrase that decides most vehicle firearm cases. Improperly handling firearms in a motor vehicle turns on whether a loaded firearm was accessible to the operator or a passenger without leaving the vehicle.

Also called loaded and within reach, ready at hand, in the car

The phrase that decides most vehicle firearm cases. Improperly handling firearms in a motor vehicle turns on whether a loaded firearm was accessible to the operator or a passenger without leaving the vehicle.

What it is not

Not a question about the glovebox versus the console. The test is reach from a seat, and a locked container or the trunk is what the statute contemplates instead. A qualifying adult carrying lawfully is a separate track inside the same section.

  • ORC 2923.16
Where it applies →

Accrual

The moment a claim became suable, which is the date every limitations period counts from. Six years on a written contract means six years from accrual, not six years from the agreement.

Also called when the clock started, the cause of action accrued

The moment a claim became suable, which is the date every limitations period counts from. Six years on a written contract means six years from accrual, not six years from the agreement.

What it is not

Not the date the contract was signed and not the date of the last statement. Accrual is a question of fact, and on an old debt it is very often the disputed one.

  • ORC 2305.06
Where it applies →

Acknowledgment of paternity

The affidavit a man signs to acknowledge that he is a child's natural father. Once it becomes final it is a final and enforceable determination of paternity rather than a presumption, and the form carries that warning in boldface at the top.

Also called the affidavit, signing the birth certificate, the hospital form

The affidavit a man signs to acknowledge that he is a child's natural father. Once it becomes final it is a final and enforceable determination of paternity rather than a presumption, and the form carries that warning in boldface at the top.

What it is not

It is not an entry on a certificate that a later test undoes. Undoing it is a procedure with two periods on it: sixty days from the latest signature, or a year from when it became final on fraud, duress or material mistake of fact.

  • ORC 3111.03
  • ORC 3111.31
  • ORC 3111.27
  • ORC 3111.28
Where it applies →

Adjudication

The juvenile court finding that a child committed the act alleged. It is what that court does instead of convicting, and what follows it is called a disposition rather than a sentence.

Also called found delinquent, the juvenile version of a conviction

The juvenile court finding that a child committed the act alleged. It is what that court does instead of convicting, and what follows it is called a disposition rather than a sentence.

What it is not

Not a criminal conviction. A form asking whether somebody has been convicted of a crime is asking a different question from one asking about an adjudication, and treating the two as the same word is how people answer wrongly in both directions.

  • ORC 2152.02
  • ORC 2152.19
Where it applies →

Administrative license suspension

A suspension imposed by the registrar on refusal or on a test over the limit, effective from the arrest and independent of the criminal case.

Also called ALS, they took my license at the scene

A suspension imposed by the registrar on refusal or on a test over the limit, effective from the arrest and independent of the criminal case.

What it is not

It is not the court's sentence and it does not wait for one. An acquittal in the criminal case does not automatically undo it, and the window to appeal it runs on its own clock.

  • ORC 4511.191
  • ORC 4511.197
Where it applies →

Administrative warrant

A document issued by an agency rather than by a court. An immigration detainer and a warrant for arrest of an alien are both signed inside the agency, by an officer or a supervisor.

Also called ice warrant, immigration warrant, i-200, detainer

A document issued by an agency rather than by a court. An immigration detainer and a warrant for arrest of an alien are both signed inside the agency, by an officer or a supervisor.

What it is not

The word warrant on a document does not mean a judge signed it, and a judicial warrant is the one that rests on probable cause found by a neutral officer of the court. Which kind is in front of you is a question about the signature, not the heading.

  • 8 C.F.R. 287.7
  • U.S. Const. amend. IV
Where it applies →

Adverse

Use of land without the owner's permission, which is the element of adverse possession that permission destroys. The claimants in the leading case had asked the owner's leave to use the strip, and the court held that asking was the opposite of adverse.

Also called hostile, without permission, against the owner

Use of land without the owner's permission, which is the element of adverse possession that permission destroys. The claimants in the leading case had asked the owner's leave to use the strip, and the court held that asking was the opposite of adverse.

What it is not

Not hostile in the sense of angry. A friendly neighbor mowing a strip for decades in the belief it is theirs is using it adversely; one who asked and was told yes is not, however long it goes on.

  • Grace v. Koch
  • ORC 2305.04
Where it applies →

Amenability

Whether a child can be cared for or rehabilitated within the juvenile system. Where a transfer is discretionary, this is the question the hearing is about.

Also called the bindover hearing, amenable to rehabilitation

Whether a child can be cared for or rehabilitated within the juvenile system. Where a transfer is discretionary, this is the question the hearing is about.

What it is not

Not a question about the seriousness of the act alone. It is a hearing with evidence about a particular child, and it is exactly the hearing a mandatory transfer does not get.

  • ORC 2152.12
Where it applies →

Apparent authority

A search is valid where officers reasonably believed the person consenting had authority over the place, even if that belief turns out to be wrong.

Also called they thought she lived there, reasonable mistake

A search is valid where officers reasonably believed the person consenting had authority over the place, even if that belief turns out to be wrong.

What it is not

The question is whether the belief was reasonable, not whether it was correct. A search can stand on a mistake and fall on an unreasonable one.

  • Illinois v. Rodriguez
Where it applies →

Appointed counsel

Counsel provided at public expense to a defendant who cannot afford one, required in any case where imprisonment is actually imposed.

Also called public defender, court appointed lawyer, free lawyer

Counsel provided at public expense to a defendant who cannot afford one, required in any case where imprisonment is actually imposed.

What it is not

The right attaches to the prosecution, not to the roadside. Asking for a lawyer during questioning and being appointed one by a court are two different mechanisms.

  • Gideon v. Wainwright
  • Argersinger v. Hamlin
  • Ohio Crim.R. 44
  • ORC 120.16
Where it applies →

Arraignment

The hearing where the charge is read and a plea is entered. In Ohio the initial appearance and the arraignment can happen at the same hearing in a misdemeanor case.

Also called first court date, reading the charges

The hearing where the charge is read and a plea is entered. In Ohio the initial appearance and the arraignment can happen at the same hearing in a misdemeanor case.

What it is not

It is not a trial and nothing about guilt is decided there. It is the procedural start of the case.

  • Ohio Crim.R. 10
  • Ohio Crim.R. 5
Where it applies →

AS-1 line

A mark the glass manufacturer prints near the top edge of a windshield. Material along the top of the windshield that does not extend below that line, or below five inches from the top, whichever is closer to the top, is outside the tint rule altogether.

Also called the tint line, the mark on the edge of the windshield

A mark the glass manufacturer prints near the top edge of a windshield. Material along the top of the windshield that does not extend below that line, or below five inches from the top, whichever is closer to the top, is outside the tint rule altogether.

What it is not

It is not a percentage. Below the line the windshield has to keep transmitting not less than seventy percent of light, plus or minus three; above it the rule does not reach.

  • OAC 4501-41-03
  • ORC 4513.241
Where it applies →

Assured clear distance ahead

The rule in division (A) of the speed section: no greater speed than lets the vehicle be brought to a stop within the distance that is clear ahead of it.

Also called ACDA, too close to stop, following too closely

The rule in division (A) of the speed section: no greater speed than lets the vehicle be brought to a stop within the distance that is clear ahead of it.

What it is not

There is no number in it. A speed under the posted limit can violate it, which is why it is the provision behind most rear end collisions, and it is also the one division an officer's unaided visual estimate may still support.

  • ORC 4511.21
Where it applies →

Attorney in fact

The person a power of attorney names to act for somebody else. Under a durable power of attorney for health care, that is who decides about treatment when the principal cannot.

Also called agent, the person named in the power of attorney

The person a power of attorney names to act for somebody else. Under a durable power of attorney for health care, that is who decides about treatment when the principal cannot.

What it is not

It is not a lawyer, despite the name, and it is not somebody who may witness the document that names them. The section rules out the attorney in fact as a witness alongside relatives by blood, marriage or adoption.

  • ORC 1337.12
Where it applies →

B

Bindover

Moving a case out of juvenile court and into adult criminal court. Ohio has a mandatory kind, where eligibility decides it, and a discretionary kind, where a hearing does.

Also called transfer, tried as an adult, sent to adult court

Moving a case out of juvenile court and into adult criminal court. Ohio has a mandatory kind, where eligibility decides it, and a discretionary kind, where a hearing does.

What it is not

It is not a sentencing decision and it happens before anything is decided about the act. Once a case is transferred, none of the juvenile vocabulary applies to it any more.

  • ORC 2152.10
  • ORC 2152.12
Where it applies →

Board of revision

The county body that hears a complaint against the value the auditor has put on a parcel. The complaint is filed with the auditor by the end of March, and the board's decision can be appealed within thirty days to the board of tax appeals or the court of common pleas.

Also called the BOR, the county value board

The county body that hears a complaint against the value the auditor has put on a parcel. The complaint is filed with the auditor by the end of March, and the board's decision can be appealed within thirty days to the board of tax appeals or the court of common pleas.

What it is not

Not the place to argue the rate, the levy or an exemption, each of which has its own procedure, and not a court, though its decision is appealed to one.

  • ORC 5715.19
  • ORC 5717.01
Where it applies →

Brady material

Evidence favorable to the accused and material to guilt or punishment. Suppressing it violates due process regardless of whether the prosecution acted in good faith, and Giglio extends it to evidence impeaching a government witness.

Also called exculpatory evidence, favorable evidence, they hid evidence

Evidence favorable to the accused and material to guilt or punishment. Suppressing it violates due process regardless of whether the prosecution acted in good faith, and Giglio extends it to evidence impeaching a government witness.

What it is not

Not a subset of the discovery rule and not dependent on anybody filing the right paperwork. That independence is exactly why it survives a case where the discovery request was narrow or late.

  • Brady v. Maryland
  • Giglio v. United States
Where it applies →

Broadcasting a proceeding

Recording, photographing or broadcasting a court proceeding. A statewide rule governs it, the judge presiding has discretion over the request, and each court can carry its own local rule on top.

Also called filming in court, recording a hearing, cameras in the courtroom

Recording, photographing or broadcasting a court proceeding. A statewide rule governs it, the judge presiding has discretion over the request, and each court can carry its own local rule on top.

What it is not

Not the same right as filming police in public. A courtroom is not a public forum for this purpose, and the First Amendment analysis that protects recording an officer on a sidewalk does not carry into the gallery.

  • Sup.R. 12
Where it applies →

Bulk amount

A quantity defined per substance in the definitions section, which the possession and trafficking tables then use as their unit. Multiples of it set the degree.

Also called bulk, how much is bulk

A quantity defined per substance in the definitions section, which the possession and trafficking tables then use as their unit. Multiples of it set the degree.

What it is not

It is not one number. Bulk for a schedule II stimulant and bulk for a schedule III compound are defined separately, which is why a weight alone never answers the question.

  • ORC 2925.01
Where it applies →

C

Certificate of achievement and employability

A certificate a prisoner who has completed approved vocational and cognitive or behavioral programs and community service may apply for, granting relief from mandatory civil impacts that would affect a job in the field the prisoner trained in.

Also called CAE, certificate from prison

A certificate a prisoner who has completed approved vocational and cognitive or behavioral programs and community service may apply for, granting relief from mandatory civil impacts that would affect a job in the field the prisoner trained in.

What it is not

Not a sealing of the record and not relief from every consequence. It reaches only the impacts named in the application for that field, and some impacts are excepted entirely.

  • ORC 2961.22
Where it applies →

Civil forfeiture

In the open meetings section, a fixed sum a court orders a public body to pay to the party who obtained an injunction against it. Five hundred dollars, alongside court costs and reasonable attorney's fees.

Also called the five hundred dollars, the statutory penalty

In the open meetings section, a fixed sum a court orders a public body to pay to the party who obtained an injunction against it. Five hundred dollars, alongside court costs and reasonable attorney's fees.

What it is not

Not the asset forfeiture that shares the word. Nothing is seized and no property is involved. The same word carries two unrelated meanings in Ohio law, and this is the one that means a penalty paid to the person who sued.

  • ORC 121.22
Where it applies →

Civil penalty

A monetary penalty imposed outside the criminal process. A traffic camera violation is one, which is why it carries no points, is not reported to the Bureau of Motor Vehicles, and is not recorded on a driving record.

Also called camera ticket, photo ticket, ticket in the mail

A monetary penalty imposed outside the criminal process. A traffic camera violation is one, which is why it carries no points, is not reported to the Bureau of Motor Vehicles, and is not recorded on a driving record.

What it is not

Not a criminal charge and not a moving violation, but still owed. Nothing about it being civil means it goes away if it is ignored.

  • ORC 4511.097
  • ORC 4511.0910
Where it applies →

Class 3 electric bicycle

A bicycle with fully operable pedals and a motor of less than seven hundred fifty watts that assists only while the rider pedals and stops assisting at twenty eight miles per hour. It is the class that carries an age floor of sixteen, a helmet rule for every rider and passenger, and a restriction from most bicycle paths unless the controlling authority allows it.

Also called the fast e bike, the twenty eight mile an hour one

A bicycle with fully operable pedals and a motor of less than seven hundred fifty watts that assists only while the rider pedals and stops assisting at twenty eight miles per hour. It is the class that carries an age floor of sixteen, a helmet rule for every rider and passenger, and a restriction from most bicycle paths unless the controlling authority allows it.

What it is not

It is not defined by what it was sold as. A machine with a motor at or above the wattage ceiling, or one that assists past the speed, is outside all three definitions and is not an electric bicycle in the eyes of the code.

  • ORC 4511.01
  • ORC 4511.522
Where it applies →

Clear and convincing evidence

A standard of proof higher than the balance of probabilities used in an ordinary civil case and lower than proof beyond a reasonable doubt. Ohio uses it for civil commitment and for forfeiture, among other things.

Also called what they have to prove, the standard

A standard of proof higher than the balance of probabilities used in an ordinary civil case and lower than proof beyond a reasonable doubt. Ohio uses it for civil commitment and for forfeiture, among other things.

What it is not

Not the criminal standard. A finding made on it is not a finding that something was proved beyond a reasonable doubt, which is why property can be forfeited and a person committed without anyone being convicted of anything.

  • ORC 5122.15
  • ORC 2981.04
Where it applies →

Collateral attack

A later proceeding that challenges a conviction from outside the direct appeal, such as a petition for postconviction relief or a habeas action.

Also called postconviction, habeas, going after the conviction later

A later proceeding that challenges a conviction from outside the direct appeal, such as a petition for postconviction relief or a habeas action.

What it is not

Not the same as an appeal, and not covered by the rule that keeps a no contest plea out of later proceedings. The Ohio Supreme Court held that protection does not run against the defendant's own collateral attack on the judgment the plea produced.

  • Hollingsworth v. Timmerman-Cooper
  • Ohio Crim.R. 11
Where it applies →

Commenced

For the criminal clock, the date an indictment is returned or an information filed, or the date a lawful arrest without a warrant is made, or the date a warrant, summons, citation or other process is issued, whichever comes first, provided reasonable diligence is used to execute it.

Also called charged in time, when the clock stops for the state

For the criminal clock, the date an indictment is returned or an information filed, or the date a lawful arrest without a warrant is made, or the date a warrant, summons, citation or other process is issued, whichever comes first, provided reasonable diligence is used to execute it.

What it is not

Not the date of trial, and not the date the accused first hears of the charge. A warrant issued inside the period and served after it still commenced the prosecution in time, if it was pursued with reasonable diligence.

  • ORC 2901.13
Where it applies →

Community control

Court supervision imposed instead of a prison term, with conditions set by the court. Ohio replaced the word probation with this term for felony sentencing.

Also called probation, CCS, supervision

Court supervision imposed instead of a prison term, with conditions set by the court. Ohio replaced the word probation with this term for felony sentencing.

What it is not

It is a sentence, not the absence of one. A violation of its conditions can result in the prison term the court held in reserve.

  • ORC 2929.13
Where it applies →

Competency to stand trial

Whether a defendant, because of their present mental condition, is capable of understanding the nature and objective of the proceedings and of assisting in the defense. A defendant is presumed competent, and a finding otherwise takes a hearing and a preponderance of the evidence.

Also called competent, fit to stand trial, cant understand whats happening

Whether a defendant, because of their present mental condition, is capable of understanding the nature and objective of the proceedings and of assisting in the defense. A defendant is presumed competent, and a finding otherwise takes a hearing and a preponderance of the evidence.

What it is not

Not a defense and not a verdict. A finding of incompetency stops a case where it stands and sends the question to treatment; the charge is still there afterwards. It is also a question about now, which is what separates it from insanity.

  • ORC 2945.37
  • ORC 2945.38
Where it applies →

Competent to be an elector

The statutory way of saying eligible to vote. A felony conviction removes it, and the same section gives it back on parole, judicial release, a conditional pardon, non jail community control or post release control, and thereafter on final discharge.

Also called allowed to vote, voting rights restored, can i vote

The statutory way of saying eligible to vote. A felony conviction removes it, and the same section gives it back on parole, judicial release, a conditional pardon, non jail community control or post release control, and thereafter on final discharge.

What it is not

Competent is not the same as registered. A felony conviction cancels a voter registration and nothing in the statute re creates it, so eligibility returns and the registration has to be made again.

  • ORC 2961.01
  • ORC 3503.21
Where it applies →

Confirmation of sale

The court order approving a sheriff's sale. It is a separate event from the sale itself, and it is the point at which a foreclosed property stops being redeemable.

Also called the court signing off, when it becomes final

The court order approving a sheriff's sale. It is a separate event from the sale itself, and it is the point at which a foreclosed property stops being redeemable.

What it is not

The house is not gone when the gavel falls. There is a gap between the sale and the confirmation, and the redemption window is open for the whole of it. After confirmation Ohio provides no statutory redemption period at all.

  • ORC 2329.33
Where it applies →

Consensual encounter

An officer speaking to a person without having stopped them. No suspicion of any kind is required, because legally nothing has happened yet.

Also called just talking, voluntary contact, casual conversation

An officer speaking to a person without having stopped them. No suspicion of any kind is required, because legally nothing has happened yet.

What it is not

A conversation does not become a stop because it feels like one, and it does not stay consensual because the officer is polite. What settles it is whether a reasonable person would feel free to end it and leave.

  • Terry v. Ohio
  • U.S. Const. amend. IV
Where it applies →

Curtilage

The area immediately around a home that is treated as part of the home for Fourth Amendment purposes. A porch is the standard example.

Also called my porch, the yard, around the house

The area immediately around a home that is treated as part of the home for Fourth Amendment purposes. A porch is the standard example.

What it is not

The implied license that lets anyone walk up and knock does not extend to bringing a drug dog to the door. The same steps can be lawful for one purpose and a search for another.

  • Florida v. Jardines
  • U.S. Const. amend. IV
Where it applies →

Custody

Formal arrest, or a restraint on freedom of movement of the degree associated with a formal arrest. It is the condition that, combined with questioning, triggers the Miranda warnings.

Also called in custody, under arrest for Miranda purposes

Formal arrest, or a restraint on freedom of movement of the degree associated with a formal arrest. It is the condition that, combined with questioning, triggers the Miranda warnings.

What it is not

An ordinary traffic stop is not custody, which is why questions at the roadside come with no warnings and the answers are still usable.

  • Miranda v. Arizona
  • Berkemer v. McCarty
Where it applies →

D

Dangerous ordnance

A defined category above deadly weapon, covering automatic and sawed off firearms, military weapons, explosive devices and similar items, with express exclusions in the definition.

Also called destructive device, automatic weapon, explosives

A defined category above deadly weapon, covering automatic and sawed off firearms, military weapons, explosive devices and similar items, with express exclusions in the definition.

What it is not

Not a synonym for a scary looking gun. It is a list in the definitions section, and the offenses that name it, courthouses and school safety zones among them, name deadly weapon alongside it rather than instead of it.

  • ORC 2923.11
  • ORC 2923.122
Where it applies →

Days of credit

Days a person in a state correctional institution may provisionally earn toward the stated prison term, one day or five days for each completed month of productive participation in a program, with more for completing certain programs.

Also called earned credit, good time, earned time

Days a person in a state correctional institution may provisionally earn toward the stated prison term, one day or five days for each completed month of productive participation in a program, with more for completing certain programs.

What it is not

Not a right that cannot be lost. A violation of prison rules can mean a credit is denied or credits already earned are withdrawn, and some sentences earn none at all.

  • ORC 2967.194
Where it applies →

Deadly force

Force likely to cause death or serious physical harm. Against a fleeing person it is unreasonable unless the officer has probable cause to believe that person poses a significant threat of death or serious physical injury.

Also called lethal force, shooting a suspect

Force likely to cause death or serious physical harm. Against a fleeing person it is unreasonable unless the officer has probable cause to believe that person poses a significant threat of death or serious physical injury.

What it is not

Fleeing is not itself that threat. Garner is where the older rule permitting force against any fleeing felon stopped being law, which is the part still repeated as though it survived.

  • Tennessee v. Garner
  • Graham v. Connor
Where it applies →

Deadly weapon

Anything capable of inflicting death that is either designed or specially adapted for use as a weapon, or possessed, carried or used as one. It is a definition with elements, and nothing is a deadly weapon by default.

Also called weapon, is my knife a weapon

Anything capable of inflicting death that is either designed or specially adapted for use as a weapon, or possessed, carried or used as one. It is a definition with elements, and nothing is a deadly weapon by default.

What it is not

Since 2021 the carrying section carries its own narrower rule for knives, razors and cutting instruments. That narrower rule is written for that section, and everywhere else the general definition above is the one that applies.

  • ORC 2923.11
  • ORC 2923.12
Where it applies →

Deficiency

What is still owed after collateral has been sold and the proceeds applied. A car sold at auction almost never covers the loan, and the shortfall is pursued afterwards as its own debt.

Also called the balance after they sold it, what I still owe

What is still owed after collateral has been sold and the proceeds applied. A car sold at auction almost never covers the loan, and the shortfall is pursued afterwards as its own debt.

What it is not

Losing the car is not the end of the debt, which is the assumption that makes a deficiency judgment arrive as a shock. It can be lost by the lender, though: a secured party that disposed of the collateral without sending the required notification is not entitled to one.

  • ORC 1309.615
  • ORC 1309.611
Where it applies →

Degree

The classification every Ohio offense carries, from minor misdemeanor up to felony of the first degree. The degree sets the available range before anyone looks at the facts.

Also called level, M1, F5, how serious is it

The classification every Ohio offense carries, from minor misdemeanor up to felony of the first degree. The degree sets the available range before anyone looks at the facts.

What it is not

The degree is not the sentence. It is the outer boundary of what a sentence can be, and where inside it a case lands is a separate set of rules.

  • ORC 2901.02
Where it applies →

Delinquent tax contract

A written agreement with the county treasurer to pay delinquent taxes, assessments, penalties, interest and charges in installments on a schedule the treasurer sets. While it stands, the foreclosure on the state's lien does not proceed.

Also called a payment plan with the treasurer, a tax installment agreement

A written agreement with the county treasurer to pay delinquent taxes, assessments, penalties, interest and charges in installments on a schedule the treasurer sets. While it stands, the foreclosure on the state's lien does not proceed.

What it is not

Not a reduction of what is owed, and not available once the sale has been confirmed. A missed installment, or current taxes going unpaid, makes it void unless the treasurer permits a new one, and the court then orders the land sold.

  • ORC 323.31
Where it applies →

Designated party

The person a registered owner names, by sworn affidavit, as having been operating the vehicle when a camera recorded the violation. Naming one moves the liability to that person.

Also called naming the driver, someone else was driving

The person a registered owner names, by sworn affidavit, as having been operating the vehicle when a camera recorded the violation. Naming one moves the liability to that person.

What it is not

It does not take the owner out of the process. Where the designated party contests it, the owner is required to attend the hearing too, and if the hearing officer cannot work out who was driving, the owner is liable.

  • ORC 4511.098
  • ORC 4511.099
Where it applies →

Direct threat

A significant risk to the health or safety of others that cannot be eliminated or reduced by a reasonable modification. Where one exists, the modification is not required.

Also called safety risk, officer safety exception

A significant risk to the health or safety of others that cannot be eliminated or reduced by a reasonable modification. Where one exists, the modification is not required.

What it is not

It is a defined standard, not a description of how tense a situation felt. The question is whether a modification could have removed the risk, not whether anyone was worried.

  • 28 C.F.R. 35.139
Where it applies →

Disciplinary or retaliatory action

What the whistleblower section forbids an employer doing to an employee for making a report the section authorizes, where the employee made a reasonable and good faith effort to determine the accuracy of what was reported. A civil action over it is brought within one hundred eighty days of the action.

Also called being punished for reporting, retaliation

What the whistleblower section forbids an employer doing to an employee for making a report the section authorizes, where the employee made a reasonable and good faith effort to determine the accuracy of what was reported. A civil action over it is brought within one hundred eighty days of the action.

What it is not

Not limited to being fired. The section speaks of disciplinary or retaliatory action, and the remedies it names, reinstatement, back wages, fringe benefits and seniority, describe a range of things an employer can do short of dismissal.

  • ORC 4113.52
Where it applies →

Discovery

The exchange of evidence between the parties in a criminal case. On receipt of a written demand the prosecuting attorney provides the categories the rule lists, including statements, records, lab results and officer reports.

Also called getting the evidence, what they have on me, the file

The exchange of evidence between the parties in a criminal case. On receipt of a written demand the prosecuting attorney provides the categories the rule lists, including statements, records, lab results and officer reports.

What it is not

It does not start on its own. The rule runs on a written demand, and filing one switches on the defendant's own duty to provide the same categories back.

  • Ohio Crim.R. 16
Where it applies →

Dissolution

One of the two ways Ohio ends a marriage. Both spouses file a petition together with a separation agreement, and not less than thirty nor more than ninety days later both appear and acknowledge under oath that they entered it voluntarily.

Also called dissolution of marriage, the agreed route

One of the two ways Ohio ends a marriage. Both spouses file a petition together with a separation agreement, and not less than thirty nor more than ninety days later both appear and acknowledge under oath that they entered it voluntarily.

What it is not

It is not a quicker divorce and it is not a divorce with a different name. A divorce is an action one spouse brings against the other and needs a ground; a dissolution needs the agreement and both spouses at the hearing.

  • ORC 3105.62
  • ORC 3105.64
Where it applies →

Duty to disclose

The obligation on somebody carrying a concealed handgun to tell an officer about it during a stop. The 2022 amendment tied the duty to the officer asking.

Also called duty to inform, telling police about my gun, do i have to say

The obligation on somebody carrying a concealed handgun to tell an officer about it during a stop. The 2022 amendment tied the duty to the officer asking.

What it is not

Published summaries still disagree about whether anything of the older proactive duty survived, and this site does not resolve it. What is not in dispute is that failing to disclose when asked is the offense.

  • ORC 2923.12
  • ORC 2923.111
Where it applies →

E

Effective communication

The requirement that a public entity communicate with a person with a disability as effectively as it communicates with anyone else, furnishing auxiliary aids and services where they are needed. The entity must give primary consideration to what the person asks for.

Also called interpreter, auxiliary aids, sign language, they would not get an interpreter

The requirement that a public entity communicate with a person with a disability as effectively as it communicates with anyone else, furnishing auxiliary aids and services where they are needed. The entity must give primary consideration to what the person asks for.

What it is not

Any communication is not automatically effective communication. Notes passed back and forth can be effective for a short exchange and not for a long or complicated one, because the length and complexity are part of the test.

  • 28 C.F.R. 35.160
Where it applies →

Emergency hospitalization

Custody and transport to a hospital for examination, on a belief that a person is a person with a mental illness subject to court order and represents a substantial risk of physical harm to self or others if left at liberty. Police are one of several who may do it.

Also called pink slip, pink slipped, 72 hour hold, psych hold

Custody and transport to a hospital for examination, on a belief that a person is a person with a mental illness subject to court order and represents a substantial risk of physical harm to self or others if left at liberty. Police are one of several who may do it.

What it is not

Not an arrest, and no charge exists. That does not mean the person is free to leave. It means a different chapter is running, through the probate court rather than the criminal one.

  • ORC 5122.10
Where it applies →

Equitable shares

The basis on which adjoining owners maintain an existing partition fence. What is equitable depends on the circumstances rather than being fixed.

Also called fair shares, splitting it

The basis on which adjoining owners maintain an existing partition fence. What is equitable depends on the circumstances rather than being fixed.

What it is not

Equitable is not equal, and the obligation only exists where a partition fence is already there. Where no fence exists and nothing is on record, the owner who wants one bears the cost alone.

  • ORC 971.07
Where it applies →

Exclusionary rule

Evidence obtained in violation of the Fourth Amendment is generally inadmissible in a criminal prosecution. The case that applied the rule to the states came out of Ohio.

Also called thrown out, suppressed, fruit of the poisonous tree

Evidence obtained in violation of the Fourth Amendment is generally inadmissible in a criminal prosecution. The case that applied the rule to the states came out of Ohio.

What it is not

Suppression is decided by a judge on a motion, long after the encounter. Nothing is excluded at the roadside, and an unlawful search does not stop an arrest from happening.

  • Mapp v. Ohio
Where it applies →

Executive session

The one lawful way a public body closes a meeting. It takes a roll call vote of a majority of a quorum, at a regular or special meeting, for the sole purpose of considering matters the section lists, and the motion has to state which listed purpose it is for.

Also called closed session, going behind closed doors

The one lawful way a public body closes a meeting. It takes a roll call vote of a majority of a quorum, at a regular or special meeting, for the sole purpose of considering matters the section lists, and the motion has to state which listed purpose it is for.

What it is not

Not a private meeting a body may call at will, and not a place where a vote may be taken. Formal action adopted out of deliberations held in a meeting not open to the public is invalid unless it came out of a compliant executive session.

  • ORC 121.22
Where it applies →

Exhausting the administrative remedy

Taking a complaint through the agency the statute names before taking it to court. Since the fifteenth of April 2021 a person alleging employment discrimination files a charge with the Ohio Civil Rights Commission and completes that process before bringing a civil action about the same practice.

Also called filing with the commission first, the charge before the lawsuit

Taking a complaint through the agency the statute names before taking it to court. Since the fifteenth of April 2021 a person alleging employment discrimination files a charge with the Ohio Civil Rights Commission and completes that process before bringing a civil action about the same practice.

What it is not

It is not a choice between the commission and the court. Before the change a person could go straight to court; the change made the charge a step that comes first rather than a route that competes.

  • ORC 4112.05
  • ORC 4112.02
Where it applies →

Exigent circumstances

An emergency that excuses the warrant requirement, such as an immediate risk to life, a suspect in flight, or evidence about to be destroyed.

Also called emergency, hot pursuit, no time for a warrant

An emergency that excuses the warrant requirement, such as an immediate risk to life, a suspect in flight, or evidence about to be destroyed.

What it is not

Officers may create the situation that produces the emergency, provided they did not do so by threatening to violate the Fourth Amendment. The doctrine is narrower than the phrase sounds, and wider than most people expect.

  • Kentucky v. King
  • Brigham City v. Stuart
Where it applies →

Explanation of circumstances

The account of the offense a court hears before making a finding on a misdemeanor no contest plea. Section 2937.07 lets the judge find guilty or not guilty from it.

Also called reading the facts into the record, the prosecutor's recitation

The account of the offense a court hears before making a finding on a misdemeanor no contest plea. Section 2937.07 lets the judge find guilty or not guilty from it.

What it is not

It is a procedural protection rather than a test of whether the evidence is sufficient, which is what the Ohio Supreme Court held in Giordano. A court that skips it has made an error to be fixed, not ended the prosecution.

  • ORC 2937.07
  • Girard v. Giordano
Where it applies →

F

Final discharge

Release from parole or probation, which is the event a juvenile sealing application is measured from. A person under eighteen may apply six months after it, and a person eighteen or older may apply immediately after it.

Also called off probation, done with parole

Release from parole or probation, which is the event a juvenile sealing application is measured from. A person under eighteen may apply six months after it, and a person eighteen or older may apply immediately after it.

What it is not

Not the day the case was decided in court. Disposition and discharge are different dates, and somebody counting from the hearing is counting from the wrong one.

  • ORC 2151.356
Where it applies →

Final release

The end of parole the adult parole authority may grant to a parolee who has faithfully performed the conditions, with a certificate of final release, not earlier than one year after release on parole, or five years for a life sentence.

Also called off parole, certificate of final release

The end of parole the adult parole authority may grant to a parolee who has faithfully performed the conditions, with a certificate of final release, not earlier than one year after release on parole, or five years for a life sentence.

What it is not

Not the same as the sentence running out. It is the authority's grant, and with it, as with the termination of post release control, the rights forfeited by the conviction are restored, apart from the exceptions the section lists.

  • ORC 2967.16
Where it applies →

Fog line

The single solid white longitudinal line on the right hand edge of a roadway. The Supreme Court of Ohio held that it does not prohibit driving on or touching it, so tires on that line without crossing it are not a marked lanes violation.

Also called the white line on the right, the edge line

The single solid white longitudinal line on the right hand edge of a roadway. The Supreme Court of Ohio held that it does not prohibit driving on or touching it, so tires on that line without crossing it are not a marked lanes violation.

What it is not

It is not the same as a lane line between two lanes of traffic, and touching it is not the same as crossing it. A stop resting only on tires touching the fog line rests on a violation that did not occur.

  • State v. Turner
  • ORC 4511.33
Where it applies →

Forfeiture

The state going to court to keep seized property permanently. It is a separate proceeding from the criminal case, with its own filings, its own standard of proof, and its own deadlines.

Also called they kept my stuff, asset forfeiture, seizing my property

The state going to court to keep seized property permanently. It is a separate proceeding from the criminal case, with its own filings, its own standard of proof, and its own deadlines.

What it is not

Seizing property and forfeiting it are two different acts. Property can be taken at the scene on the same justification as any search, and keeping it takes a court.

  • ORC 2981.02
  • ORC 2981.03
Where it applies →

Frisk

A pat of the outer clothing for weapons, allowed during a lawful stop when the officer has reasonable suspicion that the person is armed and dangerous. It is a search for weapons, not for evidence.

Also called pat down, Terry frisk, patting me down

A pat of the outer clothing for weapons, allowed during a lawful stop when the officer has reasonable suspicion that the person is armed and dangerous. It is a search for weapons, not for evidence.

What it is not

A frisk is not automatic with a stop. It needs its own justification on top of the one that supported the stop, and the two are separate questions.

  • Terry v. Ohio
  • State v. Bobo
Where it applies →

H

Habitual truant

A child of compulsory school age absent without legitimate excuse for thirty or more consecutive hours, forty two or more hours in a school month, or seventy two or more hours in a school year.

Also called skipping school, truancy

A child of compulsory school age absent without legitimate excuse for thirty or more consecutive hours, forty two or more hours in a school month, or seventy two or more hours in a school year.

What it is not

Counted in hours rather than days, which is why a parent counting missed days and a school counting missed hours reach different answers. Reaching it obliges the attendance officer to file a complaint in juvenile court, unless the district or school determines that the student and family are making satisfactory progress.

  • ORC 2151.011
  • ORC 3321.16
Where it applies →

Harborer

Somebody who shelters, protects or exercises control over a dog. The dog bite section makes an owner, a keeper and a harborer liable, and only the first of those three owns the animal.

Also called whoever lets the dog stay there

Somebody who shelters, protects or exercises control over a dog. The dog bite section makes an owner, a keeper and a harborer liable, and only the first of those three owns the animal.

What it is not

Not a synonym for owner. It is the word that lets a claim reach past the household the dog lives in, and it is also the word Ohio's courts have narrowed, so whether somebody is one is fact specific rather than obvious.

  • ORC 955.28
Where it applies →

Hard time

A period at the start of a suspension during which no court may grant limited driving privileges. Its length is set by which suspension it is.

Also called the waiting period, before i can get privileges

A period at the start of a suspension during which no court may grant limited driving privileges. Its length is set by which suspension it is.

What it is not

Not a court declining to help. It is a door that is not open yet, and filing a petition early does not shorten a window the statute has closed.

  • ORC 4510.13
  • ORC 4510.021
Where it applies →

Hazing

Doing any act, or coercing another including the victim to do any act, of initiation into an organization or to continue or reinstate membership in one, that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse.

Also called initiation, being made to prove yourself

Doing any act, or coercing another including the victim to do any act, of initiation into an organization or to continue or reinstate membership in one, that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse.

What it is not

Not answered by the victim having agreed. The definition is about an act of initiation creating a substantial risk of harm, and it names coerced drinking as one of those acts, so somebody who went along with it is still somebody the section protects.

Where it applies →

Home rule

The provision of the Ohio Constitution giving municipalities authority over their own local affairs. Where a state statute intrudes on that authority without an overriding state interest, it can be held unconstitutional as applied to a city.

Also called city can make its own rules, municipal authority

The provision of the Ohio Constitution giving municipalities authority over their own local affairs. Where a state statute intrudes on that authority without an overriding state interest, it can be held unconstitutional as applied to a city.

What it is not

It is why an answer can differ between a city and a township in the same county, and why a state statute on the books is not always the rule a city is operating under.

  • Ohio Const. art. XVIII, § 3
  • Dayton v. State
Where it applies →

Home solicitation sale

A sale of consumer goods or services where the seller personally solicits at the buyer's residence and the agreement is given there, or where the buyer's agreement is made at a place other than the seller's place of business. It is the category the three day right to cancel attaches to.

Also called door to door sale, the three day cancellation sale

A sale of consumer goods or services where the seller personally solicits at the buyer's residence and the agreement is given there, or where the buyer's agreement is made at a place other than the seller's place of business. It is the category the three day right to cancel attaches to.

What it is not

Not every purchase, and not only a stranger at the door. A solicitation made in response to the buyer's own invitation can still be one, while a purchase at the seller's own shop is not.

  • ORC 1345.21
Where it applies →

I

Imputed income

Income a court or child support agency attributes to a parent found voluntarily unemployed or underemployed, which the section forbids for a parent who is incarcerated.

Also called voluntarily unemployed, income they could earn

Income a court or child support agency attributes to a parent found voluntarily unemployed or underemployed, which the section forbids for a parent who is incarcerated.

What it is not

Incarceration is not treated as choosing not to work. A court or agency may not find an incarcerated parent voluntarily unemployed or impute income to that parent.

  • ORC 3119.05
Where it applies →

Incompatibility

The most used ground for divorce in Ohio, and the only one on the list that the other spouse can remove by denying it.

Also called no fault ground, irreconcilable

The most used ground for divorce in Ohio, and the only one on the list that the other spouse can remove by denying it.

What it is not

It is not the same as living separate and apart for a year, which is a different ground on the same list and cannot be denied away. That is why both exist.

Where it applies →

Instrumentality

Property that is lawful to own, used in or intended to be used in an offense. The statutory list includes a firearm, a vehicle, a computer, a telecommunications device, and money.

Also called the car they used, the phone they used

Property that is lawful to own, used in or intended to be used in an offense. The statutory list includes a firearm, a vehicle, a computer, a telecommunications device, and money.

What it is not

Nothing about the item has to be illegal. What brings it within reach of a forfeiture is the use, which is why an ordinary car is in the same category as contraband once it has been driven to the wrong place.

  • ORC 2981.02
  • ORC 2981.01
Where it applies →

Interception

The aural or other acquisition of the contents of a wire, oral or electronic communication using a device. Ohio permits it where one party to the communication consents.

Also called wiretapping, recording a call, taping a conversation

The aural or other acquisition of the contents of a wire, oral or electronic communication using a device. Ohio permits it where one party to the communication consents.

What it is not

Not the same question as whether you may film something. The picture and the sound are governed by different statutes, and a recording that is lawful to make can still be unlawful to have made of a conversation you were never part of.

  • ORC 2933.52
  • ORC 2933.51
Where it applies →

Interfering, as distinct from recording

Obstructing official business needs an act that hampers or impedes a public official, done with the purpose of preventing or delaying the work. Recording is not that act.

Also called obstruction while filming, they said i was interfering, too close

Obstructing official business needs an act that hampers or impedes a public official, done with the purpose of preventing or delaying the work. Recording is not that act.

What it is not

Words are not an act either, and speech that annoys or criticizes an officer is protected. What can turn into the offense is the physical conduct around the recording, closing distance or refusing a lawful order about position, not the camera being on. Since October 6, 2026 the statute puts a number on it: after a warning, knowingly staying within fifteen feet of an emergency service responder while interfering or threatening harm is an offense.

  • ORC 2921.31
  • City of Houston v. Hill
  • Glik v. Cunniffe (1st Cir.)
Where it applies →

Interrogation

Express questioning, or words and actions an officer should know are reasonably likely to draw an incriminating response. Both halves count.

Also called questioning, being asked questions

Express questioning, or words and actions an officer should know are reasonably likely to draw an incriminating response. Both halves count.

What it is not

A statement nobody asked for is not the product of interrogation, and the warnings do not reach it. Volunteered words are admissible whether or not anyone was warned.

  • Miranda v. Arizona
Where it applies →

Intervention in lieu of conviction

A statutory route where a court may stay the case and order treatment for an eligible defendant whose offense was related to a substance use disorder. Successful completion results in dismissal.

Also called ILC, treatment instead of a conviction

A statutory route where a court may stay the case and order treatment for an eligible defendant whose offense was related to a substance use disorder. Successful completion results in dismissal.

What it is not

It is granted at the court's discretion on statutory eligibility, and eligibility is defined by the offense and the history rather than by the request.

  • ORC 2951.041
Where it applies →

Intestate

Dying without a valid will, so an estate is divided by the statute instead of by the person's own instructions.

Also called no will, died without a will

Dying without a valid will, so an estate is divided by the statute instead of by the person's own instructions.

What it is not

It does not mean the estate goes to the state, which is the common fear. It means a section decides the shares, and the shares it produces are frequently not the ones the family expected.

  • ORC 2105.06
Where it applies →

Investigative detention

A brief seizure of a person on reasonable suspicion, lasting only as long as it takes to confirm or dispel that suspicion. The person is not free to leave, and is not under arrest either.

Also called Terry stop, being detained, held up

A brief seizure of a person on reasonable suspicion, lasting only as long as it takes to confirm or dispel that suspicion. The person is not free to leave, and is not under arrest either.

What it is not

Detention is its own legal state, not a soft version of arrest. The rules that attach to an arrest, including the warnings, do not automatically attach here.

  • Terry v. Ohio
  • U.S. Const. amend. IV
Where it applies →

Invoking counsel

Stating unambiguously that you want a lawyer, which is what stops custodial questioning. Asking whether one is needed, or whether asking for one looks bad, is not the same as asking for one.

Also called asking for a lawyer, i want an attorney, lawyer up

Stating unambiguously that you want a lawyer, which is what stops custodial questioning. Asking whether one is needed, or whether asking for one looks bad, is not the same as asking for one.

What it is not

Not something that has to be earned, explained or justified, and not a statement about guilt. It also does not undo anything already said, which is why the ordering matters more than the wording.

  • Miranda v. Arizona
  • U.S. Const. amend. VI
  • Ohio Crim.R. 44
Where it applies →

Invoking the right

Stating clearly that you are exercising the right to remain silent or the right to counsel. The right exists either way, but the protections that follow an invocation run from the moment it is stated.

Also called pleading the fifth, asking for a lawyer, staying silent

Stating clearly that you are exercising the right to remain silent or the right to counsel. The right exists either way, but the protections that follow an invocation run from the moment it is stated.

What it is not

Silence alone is ambiguous. The law treats an unambiguous statement differently from simply not answering, which is a distinction about the words rather than about the person.

  • U.S. Const. amend. V
  • U.S. Const. amend. VI
  • Miranda v. Arizona
Where it applies →

J

Judgment proof

A description of a person whose income and property all sit inside the exemptions, so a judgment against them reaches nothing. It is a fact about what is collectible, not a status anybody is granted.

Also called they cannot touch me, nothing to take, collection proof

A description of a person whose income and property all sit inside the exemptions, so a judgment against them reaches nothing. It is a fact about what is collectible, not a status anybody is granted.

What it is not

It does not mean a judgment cannot be entered, and it does not make one go away. The judgment exists, it can be revived later, and a change in circumstances changes the answer. The word proof describes the property, not the person.

  • ORC 2329.66
Where it applies →

Judicial release

A reduction by the sentencing court of the nonmandatory part of a prison term, on the motion of an eligible offender or the court's own motion, after the waiting time the section sets for the length of the term.

Also called early release, release by the judge

A reduction by the sentencing court of the nonmandatory part of a prison term, on the motion of an eligible offender or the court's own motion, after the waiting time the section sets for the length of the term.

What it is not

Not automatic at the end of the waiting time. The court may deny the motion without a hearing, and may not grant it to an eligible offender without one.

  • ORC 2929.20
Where it applies →

Jury demand

The written filing that gets a jury in a petty offense case. It goes to the clerk not less than ten days before the trial date, or on or before the third day after notice of that date, whichever is later.

Also called asking for a jury, demanding a jury

The written filing that gets a jury in a petty offense case. It goes to the clerk not less than ten days before the trial date, or on or before the third day after notice of that date, whichever is later.

What it is not

Not something a court asks about at a hearing. Crim.R. 23(A) calls the failure to demand a complete waiver of the right, so the jury is lost by a date passing rather than by anybody agreeing to lose it.

  • Ohio Crim.R. 23
Where it applies →

K

Knock and announce

The requirement that officers executing a warrant announce their presence and purpose and wait a reasonable time before forcing entry. Ohio states it by statute as well.

Also called they have to knock first, announcing

The requirement that officers executing a warrant announce their presence and purpose and wait a reasonable time before forcing entry. Ohio states it by statute as well.

What it is not

The rule has exceptions, and a violation of it does not by itself make the evidence inadmissible in a federal court. The requirement and the remedy are two separate questions.

  • Wilson v. Arkansas
  • ORC 2935.12
Where it applies →

L

Least restrictive conditions

The standard a court applies to pretrial release. Conditions are to be the least restrictive ones that reasonably assure the person's appearance and the safety of the public.

Also called conditions of release, why is my bond so high, own recognizance

The standard a court applies to pretrial release. Conditions are to be the least restrictive ones that reasonably assure the person's appearance and the safety of the public.

What it is not

Not a rule that release is free. It is a ceiling on conditions rather than a floor, and a money amount is one condition among several the court can reach for, which is why the alternatives are worth naming out loud.

  • ORC 2937.011
  • Ohio Crim.R. 46
  • ORC 2937.29
Where it applies →

Limited driving privileges

Permission from a court to drive on a limited basis during a suspension, granted on petition and subject to whatever conditions the court attaches.

Also called work privileges, occupational privileges, driving privileges, can i drive to work

Permission from a court to drive on a limited basis during a suspension, granted on petition and subject to whatever conditions the court attaches.

What it is not

Not the suspension ending and not a right. Conditions can include a disabling device on the vehicle and, during an OVI suspension, restricted plates that have to be displayed.

  • ORC 4510.021
  • ORC 4503.231
Where it applies →

Liquidated damages

A figure fixed in advance by statute or contract rather than proved after the fact. On unpaid wages it is six percent of the amount unpaid or two hundred dollars, whichever is greater.

Also called the penalty, the extra

A figure fixed in advance by statute or contract rather than proved after the fact. On unpaid wages it is six percent of the amount unpaid or two hundred dollars, whichever is greater.

What it is not

Not compensation for a loss somebody has to demonstrate. It is written as the greater of two figures on purpose, so a small unpaid amount still carries the two hundred. A genuine dispute about the wages switches it off.

  • ORC 4113.15
Where it applies →

Low speed micromobility device

A device weighing less than one hundred pounds, with handlebars, propelled by an electric motor or human power, whose attainable speed on a paved level surface under motor power is not more than twenty miles per hour. It may be used on streets, sidewalks, shared use paths and bicycle lanes.

Also called an electric scooter, a rental scooter, an e scooter

A device weighing less than one hundred pounds, with handlebars, propelled by an electric motor or human power, whose attainable speed on a paved level surface under motor power is not more than twenty miles per hour. It may be used on streets, sidewalks, shared use paths and bicycle lanes.

What it is not

Not an electric bicycle, which is its own three class category with its own rules, and not an electric personal assistive mobility device, which the chapter treats separately again.

  • ORC 4511.514
Where it applies →

M

Major drug offender

A specification attaching at the highest quantity tier of a drug offense. Where it applies, the court is required to impose the maximum term for the degree.

Also called MDO, top tier

A specification attaching at the highest quantity tier of a drug offense. Where it applies, the court is required to impose the maximum term for the degree.

What it is not

It removes the range rather than raising it. At this tier there is no room left to argue about where inside the range the sentence lands.

  • ORC 2929.14
  • ORC 2925.11
Where it applies →

Mandated reporter

A person in one of the professions the statute lists who, acting in an official or professional capacity, knows or has reasonable cause to suspect that a child under eighteen has suffered or faces a threat of abuse or neglect, and who therefore reports it immediately to the public children services agency or a peace officer.

Also called somebody who has to report, a mandatory reporter

A person in one of the professions the statute lists who, acting in an official or professional capacity, knows or has reasonable cause to suspect that a child under eighteen has suffered or faces a threat of abuse or neglect, and who therefore reports it immediately to the public children services agency or a peace officer.

What it is not

Not the only person who may report. Anybody at all may make a report, and the good faith immunity is not limited to the people on the list. What the list decides is who commits an offense by staying silent.

  • ORC 2151.421
Where it applies →

Minor drug possession offense

A violation of the possession section that is a misdemeanor or a fifth degree felony. The phrase is the boundary of the overdose immunity, which reaches this and nothing heavier.

Also called minor possession, low level possession

A violation of the possession section that is a misdemeanor or a fifth degree felony. The phrase is the boundary of the overdose immunity, which reaches this and nothing heavier.

What it is not

Minor here describes the degree of the offense, not the age of the person and not a minor misdemeanor specifically.

  • ORC 2925.11
Where it applies →

Minor misdemeanor

The bottom rung of the Ohio code. No jail term at all, a fine capped at one hundred and fifty dollars, and a section that says an officer shall issue a citation rather than arrest unless one of four exceptions applies.

Also called MM, minor misdemeanor, just a ticket

The bottom rung of the Ohio code. No jail term at all, a fine capped at one hundred and fifty dollars, and a section that says an officer shall issue a citation rather than arrest unless one of four exceptions applies.

What it is not

Not a category without consequences. It is still a conviction when it is paid, and paying under division (C) is how it becomes one. The right to a jury trial does not reach it at all.

  • ORC 2901.02
  • ORC 2935.26
Where it applies →

N

No contest

A plea that admits the truth of the facts alleged rather than guilt. It leaves a pretrial ruling appealable and, as a rule, cannot be used against the person in a later civil or criminal proceeding.

Also called nolo contendere, nolo, not contesting it

A plea that admits the truth of the facts alleged rather than guilt. It leaves a pretrial ruling appealable and, as a rule, cannot be used against the person in a later civil or criminal proceeding.

What it is not

It is not a lighter sentence and it is not a way of avoiding a conviction. A court can find guilt and impose sentence on it. What it changes is what carries forward, not what happens that day.

  • Ohio Crim.R. 11
  • Ohio Crim.R. 12
Where it applies →

No duty to retreat

A person has no duty to retreat before using force in self defense anywhere they lawfully are, and a court or jury may not consider the possibility of retreat in deciding whether the force was justified.

Also called stand your ground, dont have to run

A person has no duty to retreat before using force in self defense anywhere they lawfully are, and a court or jury may not consider the possibility of retreat in deciding whether the force was justified.

What it is not

It removes one requirement and leaves every other element of self defense in place. Lawfully there is doing real work in the sentence, and the provision says nothing about whether the force used was reasonable.

  • ORC 2901.09
  • ORC 2901.05
Where it applies →

Nonconformity

In the new motor vehicle law, the failure of a vehicle to conform to the express warranty. It is what the manufacturer has a duty to repair, and it is what a reasonable number of unsuccessful attempts is counted against.

Also called the defect, the thing they cannot fix

In the new motor vehicle law, the failure of a vehicle to conform to the express warranty. It is what the manufacturer has a duty to repair, and it is what a reasonable number of unsuccessful attempts is counted against.

What it is not

Not any fault a car develops. It is measured against the express warranty, and it has to be reported inside the first year of operation or the first eighteen thousand miles, whichever comes first.

  • ORC 1345.72
Where it applies →

Noneconomic loss

The part of a damages award that is not out of pocket. The seat belt section keeps a failure to wear one out of the negligence question entirely, then allows a trier of fact to reduce a recovery of compensatory damages representing this and only this.

Also called pain and suffering, the non money part of a claim

The part of a damages award that is not out of pocket. The seat belt section keeps a failure to wear one out of the negligence question entirely, then allows a trier of fact to reduce a recovery of compensatory damages representing this and only this.

What it is not

It is not the medical bills and it is not the lost wages. People are usually told the first half of that provision, that not wearing a belt is not evidence of negligence, and not the second half, which has a real limit written into it.

  • ORC 4513.263
Where it applies →

Not guilty by reason of insanity

A finding that at the time of the offense the person did not know, as a result of a severe mental disease or defect, the wrongfulness of their acts. The person raising it carries the burden of proving it.

Also called NGRI, the insanity defense, insanity plea

A finding that at the time of the offense the person did not know, as a result of a severe mental disease or defect, the wrongfulness of their acts. The person raising it carries the burden of proving it.

What it is not

Not a question about the person's condition today, and not satisfied by having a mental illness however serious. The definition asks one thing: whether they knew the wrongfulness at that moment.

  • ORC 2901.01
  • ORC 2901.05
Where it applies →

Notice of appeal

The filing that starts an appeal, due within thirty days of the entry of a final order. Past that a criminal defendant may ask leave for a delayed appeal, setting out why the appeal as of right was never perfected.

Also called filing an appeal, appealing it

The filing that starts an appeal, due within thirty days of the entry of a final order. Past that a criminal defendant may ask leave for a delayed appeal, setting out why the appeal as of right was never perfected.

What it is not

It is not the appeal itself and it is not a request for permission. It is a short filing on a hard deadline, and missing it is why a great many appellate arguments are never heard.

  • Ohio App.R. 4
  • Ohio App.R. 5
Where it applies →

Novice designation

A marking on a motorcycle operator's endorsement or license that is effective for one year after the date the endorsement or license was issued. While it is in force the rider wears a helmet, and so does any passenger.

Also called the novice endorsement, the first year on a bike

A marking on a motorcycle operator's endorsement or license that is effective for one year after the date the endorsement or license was issued. While it is in force the rider wears a helmet, and so does any passenger.

What it is not

It is not about the rider's age or experience in miles. It runs from a date printed on a card, which is why two riders of the same age can be under different obligations.

  • ORC 4511.53
  • ORC 4507.11
Where it applies →

O

Objective reasonableness

The standard for force used during a stop or an arrest. Judged from the perspective of a reasonable officer on the scene at the moment, weighing the severity of the offense, any immediate threat, and whether the person was resisting or fleeing.

Also called the Graham test, reasonable force, was the force justified

The standard for force used during a stop or an arrest. Judged from the perspective of a reasonable officer on the scene at the moment, weighing the severity of the offense, any immediate threat, and whether the person was resisting or fleeing.

What it is not

Not a question about the officer's intentions, good or bad, and not a hindsight judgment with everything that came out later included. The calculus expressly allows for split second decisions in tense and rapidly changing circumstances.

  • Graham v. Connor
  • U.S. Const. amend. IV
Where it applies →

Occupant restraining device

The statute's name for a seat belt, as distinct from a child restraint system and a booster seat. A child at least eight and not older than fifteen may be secured in one rather than in a child restraint system.

Also called seat belt, the belt

The statute's name for a seat belt, as distinct from a child restraint system and a booster seat. A child at least eight and not older than fifteen may be secured in one rather than in a child restraint system.

What it is not

Not a general term covering car seats and boosters. The sections name the three separately, and a citation that uses this phrase is talking about the belt built into the vehicle.

  • ORC 4511.81
Where it applies →

Oral communication

Speech uttered by a person who is exhibiting an expectation that it is not being intercepted, in circumstances that justify the expectation. Both halves have to be present for the interception chapter to reach it.

Also called a private conversation, what the wiretap law covers

Speech uttered by a person who is exhibiting an expectation that it is not being intercepted, in circumstances that justify the expectation. Both halves have to be present for the interception chapter to reach it.

What it is not

Not every spoken word near a microphone. Somebody who does not expect privacy, or who expects it unreasonably where they are standing, is not having an oral communication as the chapter defines it, and video with no sound is outside the chapter altogether.

  • ORC 2933.51
Where it applies →

Ordering occupants out

During a lawful traffic stop an officer may order the driver out of the vehicle, and may order the passengers out as well, without any additional suspicion.

Also called step out of the car, get out of the vehicle

During a lawful traffic stop an officer may order the driver out of the vehicle, and may order the passengers out as well, without any additional suspicion.

What it is not

Being ordered out is not an arrest and is not evidence of anything. It is a category of order the law already permits on a lawful stop.

  • Pennsylvania v. Mimms
  • Maryland v. Wilson
Where it applies →

P

Pattern of conduct

Two or more actions or incidents closely related in time. It is the element that separates menacing by stalking from a single unpleasant encounter.

Also called two or more incidents, a course of conduct

Two or more actions or incidents closely related in time. It is the element that separates menacing by stalking from a single unpleasant encounter.

What it is not

Not a requirement that any single incident be an offense on its own. The pattern is the offense, which is also what a civil stalking protection order under section 2903.214 is built on.

  • ORC 2903.211
  • ORC 2903.214
Where it applies →

Per se limit

A concentration at or above which the prohibited amount itself is the offense, with no separate proof of impairment required. Ohio sets several, by substance and by test type.

Also called the legal limit, point oh eight, over the limit

A concentration at or above which the prohibited amount itself is the offense, with no separate proof of impairment required. Ohio sets several, by substance and by test type.

What it is not

Being under a per se limit is not a defense to the impaired driving offense, which is charged on impairment rather than on a number.

  • ORC 4511.19
Where it applies →

Per stirpes

A way of dividing an estate where a deceased person's share passes down their own line rather than being shared out among the survivors at that level.

Also called by the branch, down the line

A way of dividing an estate where a deceased person's share passes down their own line rather than being shared out among the survivors at that level.

What it is not

It is not the same as dividing between whoever is still alive. A grandchild whose parent died first stands in that parent's place and takes that parent's share, rather than the other children taking more.

  • ORC 2105.06
Where it applies →

Permanent custody

Custody of a child granted to a children services agency, which permanently divests the parents of their parental rights, granted only on clear and convincing evidence that it is in the child's best interest.

Also called termination of parental rights, losing custody to the state

Custody of a child granted to a children services agency, which permanently divests the parents of their parental rights, granted only on clear and convincing evidence that it is in the child's best interest.

What it is not

Not something a prison sentence produces by itself. Whatever findings the court makes about a parent, it also has to find, by clear and convincing evidence, that permanent custody is in the child's best interest.

  • ORC 2151.414
Where it applies →

Personal representative

In the medical records section, a person authorized to act for the patient, who may make the written request to examine or copy the record alongside the patient and an authorized person.

Also called someone acting for me, my representative

In the medical records section, a person authorized to act for the patient, who may make the written request to examine or copy the record alongside the patient and an authorized person.

What it is not

Not the same as the estate sense of the phrase, where a personal representative is the person administering a deceased person's estate. The same two words do different work in different chapters.

  • ORC 3701.74
Where it applies →

Personal representative of the estate

The executor or administrator of a deceased person's estate. A wrongful death action is brought in this person's name, for the benefit of the surviving spouse, children, parents and other next of kin, rather than by any of them in their own right.

Also called the executor, the administrator, the person running the estate

The executor or administrator of a deceased person's estate. A wrongful death action is brought in this person's name, for the benefit of the surviving spouse, children, parents and other next of kin, rather than by any of them in their own right.

What it is not

It is not the person who was hurt most, or the closest relative. A spouse or parent who wants to bring the action does so through the representative, and where there is none one is appointed by the probate court first.

  • ORC 2125.02
Where it applies →

Petty offense

A misdemeanor that is not a serious offense, meaning one whose penalty does not include confinement for more than six months. In a petty offense case the judge hears the trial unless a jury is demanded in writing.

Also called petty misdemeanor, small case, minor charge

A misdemeanor that is not a serious offense, meaning one whose penalty does not include confinement for more than six months. In a petty offense case the judge hears the trial unless a jury is demanded in writing.

What it is not

Petty is a category, not a comment on how much the case matters. A petty offense can carry jail, a record, and a license consequence, and it is the level at which the jury right quietly disappears if nobody files.

  • Ohio Crim.R. 2
  • Ohio Crim.R. 23
Where it applies →

Physical control

A separate Ohio offense covering being in the driver's position of a stationary vehicle with the keys or ignition, while under the influence. No movement is required.

Also called sleeping it off in the car, keys in the ignition

A separate Ohio offense covering being in the driver's position of a stationary vehicle with the keys or ignition, while under the influence. No movement is required.

What it is not

It is a different offense from OVI with a different degree, not a lesser way of charging the same thing.

  • ORC 4511.194
Where it applies →

Plain feel

During a lawful weapons frisk, an object whose identity as contraband is immediately apparent from the pat itself may be seized. The knowledge has to come from the lawful pat, not from manipulating the object.

Also called he felt something in my pocket

During a lawful weapons frisk, an object whose identity as contraband is immediately apparent from the pat itself may be seized. The knowledge has to come from the lawful pat, not from manipulating the object.

What it is not

Squeezing, sliding or rolling an object to work out what it is goes beyond the frisk, because the frisk was authorized to find weapons.

  • Terry v. Ohio
  • Minnesota v. Dickerson
  • State v. Evans
Where it applies →

Post release control

Supervision by the adult parole authority after a prison term, required for some degrees and discretionary for others. Violations can carry additional prison time.

Also called PRC, parole, supervision after prison

Supervision by the adult parole authority after a prison term, required for some degrees and discretionary for others. Violations can carry additional prison time.

What it is not

It is not the same as parole in the older sense. It attaches to the end of a stated term rather than releasing someone early from one.

Where it applies →

Postconviction relief

A petition in the court that imposed sentence asking it to vacate or set aside the judgment or sentence, filed no later than three hundred sixty five days after the trial transcript is filed in the direct appeal, or after the time to appeal expires where there is no appeal.

Also called postconviction petition, petition to vacate

A petition in the court that imposed sentence asking it to vacate or set aside the judgment or sentence, filed no later than three hundred sixty five days after the trial transcript is filed in the direct appeal, or after the time to appeal expires where there is no appeal.

What it is not

Not the direct appeal. It is filed in the trial court, it can be filed while the appeal is pending, and the clock does not wait for the appeal to be decided.

  • ORC 2953.21
Where it applies →

Predicate motor vehicle or traffic offense

A defined list of traffic sections in the definitions statute. One of them within a year turns a speeding violation from a minor misdemeanor into a fourth degree misdemeanor; two or more make it a third.

Also called prior ticket, does this count against me, second ticket

A defined list of traffic sections in the definitions statute. One of them within a year turns a speeding violation from a minor misdemeanor into a fourth degree misdemeanor; two or more make it a third.

What it is not

It is not every piece of paper anybody has ever handed you. The definition names specific sections, so something outside the list does not escalate a later charge no matter how recent it was.

  • ORC 4511.01
  • ORC 4511.21
Where it applies →

Preemption

Where the state has occupied a subject, a local ordinance inconsistent with state law on it is unenforceable. Ohio's uniformity section covers firearms and, since September 2022, knives.

Also called statewide uniformity, can my city ban it

Where the state has occupied a subject, a local ordinance inconsistent with state law on it is unenforceable. Ohio's uniformity section covers firearms and, since September 2022, knives.

What it is not

It is not a general rule about cities. Where a subject is not preempted, home rule runs the other way and a municipality keeps its own authority, which is why traffic camera answers change between a city and a township and knife answers do not.

  • ORC 9.68
Where it applies →

Presumption of release

For a non life felony indefinite prison term, the presumption that the person is released when the minimum term expires, or on the presumptive earned early release date if that comes first.

Also called presumptive release, minimum term release

For a non life felony indefinite prison term, the presumption that the person is released when the minimum term expires, or on the presumptive earned early release date if that comes first.

What it is not

It can be rebutted, but only by the department at a hearing and only on the grounds the section lists, and never past the maximum term.

  • ORC 2967.271
Where it applies →

Pretextual stop

A stop supported by an actual traffic violation but motivated by an unrelated interest. Where the violation exists, the officer's motive does not make the stop unlawful under the Fourth Amendment.

Also called they only pulled me over because, profiling stop

A stop supported by an actual traffic violation but motivated by an unrelated interest. Where the violation exists, the officer's motive does not make the stop unlawful under the Fourth Amendment.

What it is not

This says nothing about equal protection, which is a different constitutional claim with a different standard and a different remedy.

  • Whren v. United States
Where it applies →

Pretrial motion

A request to the court decided before trial, a motion to suppress evidence among them. The rule puts all of them within thirty-five days after arraignment or seven days before trial, whichever is earlier.

Also called motion to suppress, filing a motion, the motion

A request to the court decided before trial, a motion to suppress evidence among them. The rule puts all of them within thirty-five days after arraignment or seven days before trial, whichever is earlier.

What it is not

The deadline is not the trial date and it is not negotiable by silence. Failing to raise something that has to be raised before trial is a waiver in the rule's own words, and the court may grant relief from it for good cause rather than as of right.

  • Ohio Crim.R. 12
Where it applies →

Prima facie

Established unless something is shown against it. Where a speed limit is prima facie, exceeding it makes out the violation and leaves room to show the speed was reasonable and proper for the conditions.

Also called on its face, presumed, rebuttable

Established unless something is shown against it. Where a speed limit is prima facie, exceeding it makes out the violation and leaves room to show the speed was reasonable and proper for the conditions.

What it is not

Not the same as unlawful. Ohio has both kinds of limit in one section: the prima facie ones in divisions (B) and (C), and the absolute ones in division (D) where reasonableness is not the question at all.

  • ORC 4511.21
Where it applies →

Private tow away zone

Private property the owner has designated for towing by posting a sign of at least eighteen by twenty four inches, visible from every entrance, saying the property is a tow away zone and describing who may park there.

Also called tow away zone, they towed me from the lot

Private property the owner has designated for towing by posting a sign of at least eighteen by twenty four inches, visible from every entrance, saying the property is a tow away zone and describing who may park there.

What it is not

Not any lot somebody wants cleared. The designation is what the statute builds the rest of the rules on, including where the car may be taken and what the towing service owes the owner afterwards.

  • ORC 4513.601
Where it applies →

Probable cause

Facts that would lead a reasonable person to believe a crime has been committed and that this person committed it. It is the threshold for an arrest and for a search warrant.

Also called PC, enough to arrest, enough for a warrant

Facts that would lead a reasonable person to believe a crime has been committed and that this person committed it. It is the threshold for an arrest and for a search warrant.

What it is not

It is not proof and it is not certainty. It sits well below the beyond a reasonable doubt standard a conviction requires, which is why an arrest is not a finding of guilt.

Where it applies →

Provisional ballot

A ballot cast at the polling place by somebody whose eligibility is in question, sealed with a written affirmation and decided by the board afterwards. Anybody eligible to cast one is permitted to, and an official at the polling place is the one who says so.

Also called the pink envelope, a ballot they set aside

A ballot cast at the polling place by somebody whose eligibility is in question, sealed with a written affirmation and decided by the board afterwards. Anybody eligible to cast one is permitted to, and an official at the polling place is the one who says so.

What it is not

It is not a form to come back about and it is not a consolation. It is a vote, and the board examines any additional information the voter gives during the four days after the day of the election when deciding whether it counts.

  • ORC 3505.181
Where it applies →

Public forum

A category of government property, such as a street or a park, where speech restrictions face the highest scrutiny. Other government property falls into categories where more restriction is permitted.

Also called public property, where can i protest

A category of government property, such as a street or a park, where speech restrictions face the highest scrutiny. Other government property falls into categories where more restriction is permitted.

What it is not

Government property is not one thing. The same act can be protected on a sidewalk and restricted inside a building, because the forum category changed.

Where it applies →

Public record

A record kept by a public office that the office makes available for inspection promptly and copies at cost, unless a statute exempts it. Everybody is a requester on the same terms, and nobody has to explain why they want one.

Also called records request, sunshine law request, open records

A record kept by a public office that the office makes available for inspection promptly and copies at cost, unless a statute exempts it. Everybody is a requester on the same terms, and nobody has to explain why they want one.

What it is not

It is not a favor and it is not conditional on who is asking. A public office may ask for a name, a purpose or a written request, but only after saying that none of the three is required.

  • ORC 149.43
Where it applies →

Q

Qualified immunity

A defense protecting an official sued individually unless the right they violated was clearly established at the time, meaning existing precedent had put the question beyond debate.

Also called QI, immunity, they cant be sued

A defense protecting an official sued individually unless the right they violated was clearly established at the time, meaning existing precedent had put the question beyond debate.

What it is not

It is not a finding that nothing wrong happened. A court can conclude force was unreasonable and still dismiss the claim because no earlier case had said so clearly enough, which is the criticism the doctrine draws.

  • Pearson v. Callahan
  • 42 U.S.C. § 1983
Where it applies →

Qualified individual

The person the overdose immunity protects. It covers three people: somebody acting in good faith who seeks help for another person overdosing, somebody who overdoses and seeks help for themselves, and somebody who is the subject of another person's call.

Also called good samaritan, the person who called, protected caller

The person the overdose immunity protects. It covers three people: somebody acting in good faith who seeks help for another person overdosing, somebody who overdoses and seeks help for themselves, and somebody who is the subject of another person's call.

What it is not

It is not only the caller. The person who was overdosing is a qualified individual in their own right, whoever picked up the phone.

  • ORC 2925.11
Where it applies →

Qualified interpreter

The interpreter a court appoints where a party or witness cannot readily understand or communicate because of a hearing, speech or other impairment. The appointment is the court's duty rather than something that has to be requested.

Also called court interpreter, translator, asl interpreter

The interpreter a court appoints where a party or witness cannot readily understand or communicate because of a hearing, speech or other impairment. The appointment is the court's duty rather than something that has to be requested.

What it is not

Not limited to a person who speaks another language. The section expressly reaches a person with a developmental disability who cannot be reasonably understood, or cannot understand questioning, without one. And where the party taxed with costs is indigent, the fee is not taxed as costs at all.

  • ORC 2311.14
  • 28 C.F.R. 35.160
Where it applies →

Qualifying adult

A person twenty one or older who is not prohibited from possessing a firearm under state or federal law. Ohio permits a qualifying adult to carry concealed without a license.

Also called permitless carry, constitutional carry

A person twenty one or older who is not prohibited from possessing a firearm under state or federal law. Ohio permits a qualifying adult to carry concealed without a license.

What it is not

Permitless does not mean unrestricted. The prohibited places, the disability rules and the duty to disclose all continue to apply exactly as they did.

  • ORC 2923.111
Where it applies →

R

Reasonable expectation of privacy

Whether a person expected privacy in a place or thing and whether society recognizes that expectation. It is the threshold question for whether something counts as a search at all.

Also called expectation of privacy, REP, somewhere private

Whether a person expected privacy in a place or thing and whether society recognizes that expectation. It is the threshold question for whether something counts as a search at all.

What it is not

Not a question about ownership. An overnight guest has one in somebody else's home, and a person can lose one in their own property by exposing it to the public. Who holds the deed is a different question.

  • U.S. Const. amend. IV
  • Riley v. California
  • Minnesota v. Olson
Where it applies →

Reasonable modification

A change to a policy, practice or procedure that a public entity must make where the change is needed to avoid discriminating on the basis of disability. A police department is a public entity.

Also called accommodation, making an exception for a disability

A change to a policy, practice or procedure that a public entity must make where the change is needed to avoid discriminating on the basis of disability. A police department is a public entity.

What it is not

It is not unlimited. The duty stops where the change would fundamentally alter the nature of the service, and separately where the person poses a direct threat that no modification can eliminate.

  • 28 C.F.R. 35.130(b)(7)
  • 42 U.S.C. 12132
Where it applies →

Reasonable suspicion

Specific facts an officer can put into words that point to a particular person being involved in a particular crime. It is the threshold for a brief investigative stop.

Also called RS, articulable suspicion, enough to stop me

Specific facts an officer can put into words that point to a particular person being involved in a particular crime. It is the threshold for a brief investigative stop.

What it is not

It is not a hunch, and it is not a neighborhood. The standard is named for the requirement that the officer be able to articulate it afterwards, which is the part that gets tested in court.

  • Terry v. Ohio
  • U.S. Const. amend. IV
Where it applies →

Rebuilt salvage vehicle

A vehicle whose title shows it was a salvage vehicle that has been rebuilt. A dealer who sells one without disclosing that in writing before the purchase agreement gives the buyer an unconditional right to rescind, on notice to the dealer within sixty days of the title issuing in the buyer's name.

Also called a branded title, rebuilt title, salvage brand

A vehicle whose title shows it was a salvage vehicle that has been rebuilt. A dealer who sells one without disclosing that in writing before the purchase agreement gives the buyer an unconditional right to rescind, on notice to the dealer within sixty days of the title issuing in the buyer's name.

What it is not

Not every car that has been in a crash. The brand comes from the title's history, not from the repair, and a repaired car whose title carries no brand is not one under the section.

  • ORC 4505.181
Where it applies →

Reciprocal discovery

The defendant's duty to provide the state the same categories of material, triggered by having demanded discovery in the first place.

Also called it goes both ways, what i have to turn over

The defendant's duty to provide the state the same categories of material, triggered by having demanded discovery in the first place.

What it is not

A public records request is not a way around it. The Ohio Supreme Court held that a request by an accused for information obtainable through discovery is the equivalent of a discovery demand and triggers the duty the same way.

  • Ohio Crim.R. 16
  • State v. Athon
Where it applies →

Redemption

Recovering property before a sale is finalized by paying what the law requires, which in a foreclosure is the judgment, the costs, poundage and interest.

Also called buying it back, catching up, paying it off

Recovering property before a sale is finalized by paying what the law requires, which in a foreclosure is the judgment, the costs, poundage and interest.

What it is not

It is not catching up the missed payments. Acceleration has usually turned the arrears into the whole balance by the time a judgment exists, so somebody who could find the back payments is not necessarily somebody who can redeem.

  • ORC 2329.33
Where it applies →

Reinstatement

The right of somebody who fell behind on a rental purchase agreement to put the original agreement back without losing any rights or options already acquired, where the property was surrendered when requested.

Also called getting it back, putting the agreement back

The right of somebody who fell behind on a rental purchase agreement to put the original agreement back without losing any rights or options already acquired, where the property was surrendered when requested.

What it is not

It is not starting the agreement again. What was already paid toward ownership survives it, and the fee the lessor may charge to reinstate is capped at five dollars, on top of unpaid payments, delinquency charges and any delivery charge.

  • ORC 1351.05
Where it applies →

Release from administration

A probate court order letting a small estate skip full administration. The ceiling is thirty five thousand dollars in assets, or one hundred thousand where a valid will left all of them to a person named in it as the surviving spouse who survives.

Also called small estate, skipping probate

A probate court order letting a small estate skip full administration. The ceiling is thirty five thousand dollars in assets, or one hundred thousand where a valid will left all of them to a person named in it as the surviving spouse who survives.

What it is not

Not the same thing as summary release from administration, which is a different section with a much lower ceiling aimed at somebody who paid for the funeral. The two names are close enough that they are constantly swapped.

  • ORC 2113.03
  • ORC 2113.031
Where it applies →

Release revocation hearing

The hearing before a parole board member or hearing officer, held before release is revoked or a prison sanction is imposed, on whether a preponderance of the evidence shows a violation and whether mitigating circumstances make revocation inappropriate.

Also called parole violation hearing, PRC violation hearing

The hearing before a parole board member or hearing officer, held before release is revoked or a prison sanction is imposed, on whether a preponderance of the evidence shows a violation and whether mitigating circumstances make revocation inappropriate.

What it is not

Not a criminal trial. The standard is a preponderance of the evidence, and counsel is provided where the charges or evidence are complex or otherwise difficult for the person to present.

  • OAC 5120:1-1-18
Where it applies →

Rent escrow

Depositing rent with the clerk of court instead of with the landlord, where the landlord has not met the obligations the chapter sets, so the money is held until the condition is dealt with.

Also called paying rent to the court, holding rent back

Depositing rent with the clerk of court instead of with the landlord, where the landlord has not met the obligations the chapter sets, so the money is held until the condition is dealt with.

What it is not

It is not withholding rent. The rent is still paid, in full and on time, to a different recipient. Simply keeping the money is a default a landlord can evict on, and a tenant who is not current in rent cannot use escrow at all.

  • ORC 5321.07
  • ORC 5321.08
Where it applies →

Replevin

A civil action to recover specific property from whoever is holding it. Where a hardship petition is not filed in time or is not granted, it is one of the routes the forfeiture chapter leaves open.

Also called suing to get it back, action for return of property

A civil action to recover specific property from whoever is holding it. Where a hardship petition is not filed in time or is not granted, it is one of the routes the forfeiture chapter leaves open.

What it is not

It is a civil case the owner files, not something the criminal court does on its own. Nothing about a criminal case ending returns property by itself.

  • ORC 2981.03
Where it applies →

Reviewing official

The person a private citizen's charging affidavit goes to for review. A judge of a court of record, the prosecuting attorney or the attorney charged by law with prosecution there, or a magistrate.

Also called who looks at my affidavit, the official who reviews it

The person a private citizen's charging affidavit goes to for review. A judge of a court of record, the prosecuting attorney or the attorney charged by law with prosecution there, or a magistrate.

What it is not

Filing with a reviewing official is not the same as a charge being filed. The review decides whether a complaint should be filed, which is what the section's own heading says.

  • ORC 2935.09
Where it applies →

Right of disposition

The right to direct what happens to a person's body after death. An adult of sound mind may assign it in a written declaration, and where there is none it passes down a statutory order beginning with a representative the deceased person appointed and then the surviving spouse.

Also called who decides the funeral, authorizing cremation

The right to direct what happens to a person's body after death. An adult of sound mind may assign it in a written declaration, and where there is none it passes down a statutory order beginning with a representative the deceased person appointed and then the surviving spouse.

What it is not

It is not answered by a will, which is commonly read after the funeral, and a partner who is not a spouse is not on the statutory order by virtue of the relationship.

  • ORC 2108.70
  • ORC 2108.81
Where it applies →

S

School day

The unit Ohio measures school discipline in. A suspension runs for not more than ten school days, and an expulsion for not more than the greater of eighty school days or the school days remaining in the semester or term.

Also called a day of school, not a calendar day

The unit Ohio measures school discipline in. A suspension runs for not more than ten school days, and an expulsion for not more than the greater of eighty school days or the school days remaining in the semester or term.

What it is not

It is not a calendar day. A period counted in school days runs past weekends, holidays and breaks without spending any of its length on them, so ten school days is longer than a fortnight.

  • ORC 3313.66
Where it applies →

School safety zone

A school building, the premises of a school, a school activity and a school bus. The zone is what the offense attaches to rather than the building alone.

Also called school property, school grounds, near a school

A school building, the premises of a school, a school activity and a school bus. The zone is what the offense attaches to rather than the building alone.

What it is not

Wider than a school building, and it travels: a school activity held somewhere else is inside it. The knife carve out written for another section does not reach this one, which still runs on the general deadly weapon definition.

  • ORC 2923.122
  • ORC 2923.11
Where it applies →

Sealing and expungement

Statutory routes to restrict or destroy the record of a case. Sealing closes the record to most viewers; expungement is the destruction of it. Eligibility depends on the offense and on time elapsed.

Also called getting it off my record, expunged, cleared

Statutory routes to restrict or destroy the record of a case. Sealing closes the record to most viewers; expungement is the destruction of it. Eligibility depends on the offense and on time elapsed.

What it is not

Neither happens automatically when a case ends. Both require an application, and a dismissed case is not the same as a sealed one.

  • ORC 2953.31
  • ORC 2953.32
Where it applies →

Search incident to arrest

A search of the arrested person and the area within their reach, permitted automatically on a lawful arrest to protect officers and preserve evidence.

Also called searched me when they cuffed me

A search of the arrested person and the area within their reach, permitted automatically on a lawful arrest to protect officers and preserve evidence.

What it is not

It does not reach the data on a phone. Searching the physical device for a weapon is one thing, and reading what is on it generally requires a warrant.

  • Riley v. California
  • U.S. Const. amend. IV
Where it applies →

Secondary enforcement

A violation an officer may cite but may not stop a vehicle for on its own. Ohio's occupant restraint section is written this way, and it bars the stop, the citation for that sole purpose, and viewing the interior for that sole purpose.

Also called not a reason to pull you over, cannot stop you for it alone

A violation an officer may cite but may not stop a vehicle for on its own. Ohio's occupant restraint section is written this way, and it bars the stop, the citation for that sole purpose, and viewing the interior for that sole purpose.

What it is not

It does not make the conduct lawful and it does not survive an independent reason for the stop. Once a car is stopped for something else, the belt is simply there to be seen. The word doing all the work in the provision is sole.

  • ORC 4513.263
Where it applies →

Seizure of a person

The moment a person is no longer free to leave, by physical force or by a show of authority they submit to. Everything the Fourth Amendment requires starts counting from that moment.

Also called stopped, not free to leave

The moment a person is no longer free to leave, by physical force or by a show of authority they submit to. Everything the Fourth Amendment requires starts counting from that moment.

What it is not

A passenger is seized by a traffic stop just as the driver is, even though nobody spoke to the passenger and the passenger was not driving.

  • U.S. Const. amend. IV
  • Terry v. Ohio
  • Brendlin v. California
Where it applies →

Serious offense

Any felony, and any misdemeanor whose penalty includes confinement for more than six months. A jury is the default here, and letting it go takes a written, signed, filed waiver made in open court.

Also called serious offense, jury case

Any felony, and any misdemeanor whose penalty includes confinement for more than six months. A jury is the default here, and letting it go takes a written, signed, filed waiver made in open court.

What it is not

Not a description of how bad the conduct was. The line is the possible penalty, which means the same conduct can sit on either side of it depending on the degree charged.

  • Ohio Crim.R. 2
  • ORC 2945.05
Where it applies →

Shelter care

Where a child is placed after being taken into custody. A hearing on whether it is required is held promptly and not later than seventy two hours after the placement.

Also called emergency placement, being taken into care

Where a child is placed after being taken into custody. A hearing on whether it is required is held promptly and not later than seventy two hours after the placement.

What it is not

It is not a final custody decision, and it is not the end of the process. The intake or other authorized officer releases the child immediately unless detention or shelter care appears warranted or required.

  • ORC 2151.31
  • ORC 2151.314
Where it applies →

Solemnized

A marriage performed by a person the marriage chapter authorizes to do it. Since the tenth of October 1991 a marriage may occur in Ohio only if it is solemnized that way and otherwise complies with that chapter.

Also called performed, officiated

A marriage performed by a person the marriage chapter authorizes to do it. Since the tenth of October 1991 a marriage may occur in Ohio only if it is solemnized that way and otherwise complies with that chapter.

What it is not

It is not something living together produces over time. There is no number of years that creates a marriage in Ohio, and the exceptions the section keeps are about marriages formed before that date or formed in a place that recognizes common law marriage.

  • ORC 3105.12
  • ORC 3101.08
Where it applies →

Speedy trial time

The number of days Ohio gives the state to bring a person to trial, counted from arrest or service of summons. Thirty for a minor misdemeanor, forty five, ninety, and two hundred and seventy for a felony.

Also called the speedy trial clock, time for trial, my speedy

The number of days Ohio gives the state to bring a person to trial, counted from arrest or service of summons. Thirty for a minor misdemeanor, forty five, ninety, and two hundred and seventy for a felony.

What it is not

Not a vague sense that a case is taking too long. It is a count in days, and it is a different question from the constitutional speedy trial test, which uses its own factors and no numbers at all.

  • ORC 2945.71
  • ORC 2945.73
Where it applies →

Statutory damages

An amount a statute fixes rather than one a person proves. Under the public records section it is one hundred dollars for each business day of the failure, up to one thousand dollars, and the injury is presumed rather than shown.

Also called fixed damages, damages set by the statute

An amount a statute fixes rather than one a person proves. Under the public records section it is one hundred dollars for each business day of the failure, up to one thousand dollars, and the injury is presumed rather than shown.

What it is not

It is not automatic. The public records version reaches only a requester who sent a written request by hand delivery, electronic submission or certified mail, so how the request traveled decides whether it exists at all.

  • ORC 149.43
Where it applies →

Strict liability offense

An offense that needs no mental state at all. The license plate display offenses are one: a cover that obstructs the plate is a violation whether or not the driver knew it was too dark, because the section says so and switches off the rule that would otherwise read a mental state in.

Also called no intent needed, not knowing is no defense

An offense that needs no mental state at all. The license plate display offenses are one: a cover that obstructs the plate is a violation whether or not the driver knew it was too dark, because the section says so and switches off the rule that would otherwise read a mental state in.

What it is not

It is not the ordinary position. Most offenses in the criminal code require at least recklessness unless the section plainly says otherwise, and this section plainly does.

  • ORC 4503.21
Where it applies →

T

The equipment basis

An equipment provision used as the lawful basis for a stop. A plate light that does not render the plate legible from fifty feet, a missing headlight, glass below the transmittance the administrative rule sets.

Also called pretext stop, they stopped me for a bulb, fix it ticket

An equipment provision used as the lawful basis for a stop. A plate light that does not render the plate legible from fifty feet, a missing headlight, glass below the transmittance the administrative rule sets.

What it is not

Arguing about the officer's motive does not reach it, because Whren holds motive does not change whether the stop was reasonable. What does reach it is the measurement, since every one of these provisions is written as a number somebody can be shown to have met.

  • ORC 4513.05
  • Whren v. United States
Where it applies →

The homestead reduction

A reduction in the taxable value of an owner occupied home, for an owner sixty five or older, permanently and totally disabled, or a qualifying surviving spouse, within the income limit. It is applied for with the county auditor on the tax commissioner's form.

Also called the homestead exemption, the senior discount on the tax bill

A reduction in the taxable value of an owner occupied home, for an owner sixty five or older, permanently and totally disabled, or a qualifying surviving spouse, within the income limit. It is applied for with the county auditor on the tax commissioner's form.

What it is not

Not a reduction in the bill by a fixed number of dollars, and not automatic. It takes value off before the rate is applied, so what it saves depends on the rate where the house is, and nobody is enrolled without applying.

  • ORC 323.152
  • ORC 323.153
Where it applies →

The mission of the stop

The tasks that address the reason for the stop and attend to related safety concerns. A stop may last no longer than it takes to complete them, and adding unrelated investigation beyond that point is a separate seizure requiring its own justification.

Also called the Rodriguez moment, prolonging the stop

The tasks that address the reason for the stop and attend to related safety concerns. A stop may last no longer than it takes to complete them, and adding unrelated investigation beyond that point is a separate seizure requiring its own justification.

What it is not

There is no free window of extra minutes. The measure is whether the stop was prolonged at all beyond its mission, not whether the delay was short.

  • Rodriguez v. United States
Where it applies →

The self defense presumption

A person is presumed to have acted in self defense when using force against somebody unlawfully entering, or having unlawfully entered, their residence or occupied vehicle. Ohio also puts the burden on the state to disprove self defense once the issue is raised.

Also called castle doctrine, presumed self defense, they broke in

A person is presumed to have acted in self defense when using force against somebody unlawfully entering, or having unlawfully entered, their residence or occupied vehicle. Ohio also puts the burden on the state to disprove self defense once the issue is raised.

What it is not

A presumption is rebuttable rather than a rule that ends the question. It also does not travel: it attaches to a residence and an occupied vehicle, not to anywhere a person happens to be standing, which is the separate no duty to retreat provision.

  • ORC 2901.05
  • ORC 2901.09
Where it applies →

Time, place and manner

Restrictions on when, where and how speech occurs, permitted in a public forum where they are content neutral, narrowly tailored to a significant interest, and leave open other channels.

Also called permit rules, protest restrictions

Restrictions on when, where and how speech occurs, permitted in a public forum where they are content neutral, narrowly tailored to a significant interest, and leave open other channels.

What it is not

Content neutral is the operative word. A rule that applies to everyone regardless of message is judged differently from one that turns on what is being said.

  • Perry Ed. Assn. v. Perry Local Educators' Assn.
  • Cox v. Louisiana
  • U.S. Const. amend. I
Where it applies →

Tolling

A period that pushes the trial deadline out rather than counting against it. Section 2945.72 lists them, and several belong to the accused, including a continuance granted on their own motion.

Also called stopping the clock, the clock is paused, extending time

A period that pushes the trial deadline out rather than counting against it. Section 2945.72 lists them, and several belong to the accused, including a continuance granted on their own motion.

What it is not

Not a pause only the state can cause. A motion the defense files, and a continuance the defense asks for, extend the limit by that period, which is why a long docket does not automatically mean a violation.

  • ORC 2945.72
Where it applies →

Transfer on death designation affidavit

A recorded document in which the owner of real property names who takes it at death. Title passes outside probate, and the beneficiary confirms the transfer afterwards with an affidavit of confirmation and a certified death certificate filed with the county recorder.

Also called TOD deed, beneficiary deed, TOD affidavit

A recorded document in which the owner of real property names who takes it at death. Title passes outside probate, and the beneficiary confirms the transfer afterwards with an affidavit of confirmation and a certified death certificate filed with the county recorder.

What it is not

It does not clear the mortgage or any other lien, which ride through it, and it does not on its own defeat the state's Medicaid estate recovery claim, which the chapter provides a form about.

  • ORC 5302.22
  • ORC 5302.222
Where it applies →

Transferor and transferee

The disclosure section's words for the seller and the buyer of residential real property. The transferor completes the disclosure form; the transferee is the one who may rescind within three business days of receiving it late.

Also called seller and buyer, the parties to the transfer

The disclosure section's words for the seller and the buyer of residential real property. The transferor completes the disclosure form; the transferee is the one who may rescind within three business days of receiving it late.

What it is not

Not limited to a sale for money. The section speaks of transfers, and it is the list of exemptions rather than the word itself that decides which transfers it reaches.

  • ORC 5302.30
Where it applies →

Treble damages

Three times the actual economic damages, available in a consumer case where the practice was already declared unlawful before the transaction.

Also called triple damages, three times

Three times the actual economic damages, available in a consumer case where the practice was already declared unlawful before the transaction.

What it is not

Not automatic on any violation. The multiplier is gated on the business already being on notice, through an adopted rule or a court decision in the attorney general's public inspection file, and it is not available in a class action.

  • ORC 1345.09
  • Online Public Inspection File
Where it applies →

Triple count

Each day a person is held in jail in lieu of bail on the pending charge counts as three days against the speedy trial count. It turns a felony's two hundred and seventy days into ninety.

Also called three for one, the 3 for 1 rule

Each day a person is held in jail in lieu of bail on the pending charge counts as three days against the speedy trial count. It turns a felony's two hundred and seventy days into ninety.

What it is not

It is not jail time credit against a sentence, which is a separate thing entirely. It also does not apply to somebody held on something else at the same time, because the Ohio Supreme Court reads it as reaching only a person held solely on the pending charge.

  • ORC 2945.71
  • State v. MacDonald
Where it applies →

U

Under color of state law

The condition that makes a federal civil rights claim available. Somebody exercising power they have because of their public office, whether or not they were following the rules of that office.

Also called color of law, acting as an officer, section 1983 claim

The condition that makes a federal civil rights claim available. Somebody exercising power they have because of their public office, whether or not they were following the rules of that office.

What it is not

A section 1983 claim is a lawsuit the person files, not a complaint to a department and not something a prosecutor brings. In Ohio it carries the state's two year personal injury limit, counted from the event rather than from the end of a criminal case.

  • 42 U.S.C. § 1983
  • Browning v. Pendleton (6th Cir.)
Where it applies →

Under speed vehicle

The category an ordinary golf cart falls into. It may be operated on a street posted at thirty five miles per hour or less only where the local authority has authorized it, and a municipality authorizing it requires the vehicle to be inspected for compliance with the department of public safety's requirements.

Also called a golf cart, a cart

The category an ordinary golf cart falls into. It may be operated on a street posted at thirty five miles per hour or less only where the local authority has authorized it, and a municipality authorizing it requires the vehicle to be inspected for compliance with the department of public safety's requirements.

What it is not

Not a low speed vehicle, which may use those same streets without a local ordinance permitting it. The difference between the two categories is the whole reason one street allows a cart and the next does not.

  • ORC 4511.214
Where it applies →

Under way

A vessel that is not at anchor, made fast to the shore or aground. A boat drifting with the engine off is under way, and the child life jacket rule applies while it is.

Also called moving, not tied up

A vessel that is not at anchor, made fast to the shore or aground. A boat drifting with the engine off is under way, and the child life jacket rule applies while it is.

What it is not

It does not require the motor to be running or the boat to be going anywhere. Drifting counts. Anchored or securely moored does not.

  • ORC 1547.24
Where it applies →

Unit dose

A single measured quantity as prepared for use. For some substances the tables run on doses as an alternative to weight, and whichever tier is reached first applies.

Also called pills, doses, counted not weighed

A single measured quantity as prepared for use. For some substances the tables run on doses as an alternative to weight, and whichever tier is reached first applies.

What it is not

Counting units is not a lighter measure than weighing. For heroin and fentanyl related compounds it is a parallel ladder with its own thresholds.

  • ORC 2925.01
  • ORC 2925.11
Where it applies →

Unmarked crosswalk

A crosswalk that exists at an intersection whether or not anything is painted on the road. The driver's duty to yield inside a crosswalk applies at one of these the same as at a marked one.

Also called the crossing with no paint on it, the corner

A crosswalk that exists at an intersection whether or not anything is painted on the road. The driver's duty to yield inside a crosswalk applies at one of these the same as at a marked one.

What it is not

It is not the whole length of the road. Away from an intersection and away from any marking, the duty runs the other way and the pedestrian yields to all vehicles on the roadway.

  • ORC 4511.46
  • ORC 4511.48
Where it applies →

Unruly child

A category a juvenile court adjudicates, defined to include a child who does not submit to the reasonable control of a parent, teacher, guardian or custodian by reason of being wayward or habitually disobedient, a habitual truant, and a child whose behavior endangers health or morals.

Also called out of control, wont listen, runaway

A category a juvenile court adjudicates, defined to include a child who does not submit to the reasonable control of a parent, teacher, guardian or custodian by reason of being wayward or habitually disobedient, a habitual truant, and a child whose behavior endangers health or morals.

What it is not

Not a description of a difficult week. It is a statutory status a court finds, and it is the definition that sits underneath a parent or a school taking a complaint to juvenile court.

Where it applies →

Using, holding or physically supporting

The conduct the driving device section prohibits, written around the body rather than the screen. Using, holding, or physically supporting an electronic wireless communications device with any part of the person's body while operating a motor vehicle.

Also called holding my phone, the phone rule

The conduct the driving device section prohibits, written around the body rather than the screen. Using, holding, or physically supporting an electronic wireless communications device with any part of the person's body while operating a motor vehicle.

What it is not

Not limited to texting, and not limited to a hand. A device wedged against a shoulder or resting in a lap is supported by part of the body, with nothing read or written.

  • ORC 4511.204
Where it applies →

W

Weapons under disability

A separate felony for possessing a firearm while in one of the listed categories, which include certain convictions, certain pending indictments, and certain findings.

Also called WUD, felon with a gun, prohibited person

A separate felony for possessing a firearm while in one of the listed categories, which include certain convictions, certain pending indictments, and certain findings.

What it is not

For the violence and drug categories, being under indictment triggers it. A case that is still open, not only a case that ended in conviction, can create the disability.

  • ORC 2923.13
  • ORC 2923.14
Where it applies →

Willful or wanton disregard

The mental state the reckless operation section requires. Willful is an intentional departure from a clear duty; wanton is a failure to use any care with indifference to the consequences where the probability of harm is great and known.

Also called reckless, reckless op

The mental state the reckless operation section requires. Willful is an intentional departure from a clear duty; wanton is a failure to use any care with indifference to the consequences where the probability of harm is great and known.

What it is not

It is not a mistake, and it is not the same as losing control. Failure to control asks only whether control was reasonable and is a minor misdemeanor; this asks for a state of mind, and its degree climbs on the past year's record.

  • ORC 4511.20
Where it applies →

Without provocation

Part of the definition of all three dog acts a designation can rest on, and the section says what it means. Toward a person, the dog was not teased, tormented or abused, and was not coming to the aid or defense of a person who was not engaged in illegal or criminal activity. Toward another animal, the dog was not attacked by another dog or livestock. So provocation is not a mitigating detail added afterwards: it is part of the thing that has to be proved.

Also called unprovoked, it was not provoked

Part of the definition of all three dog acts a designation can rest on, and the section says what it means. Toward a person, the dog was not teased, tormented or abused, and was not coming to the aid or defense of a person who was not engaged in illegal or criminal activity. Toward another animal, the dog was not attacked by another dog or livestock. So provocation is not a mitigating detail added afterwards: it is part of the thing that has to be proved.

What it is not

It is not settled by the dog warden writing it down. It is a question of fact, and the hearing is where it is decided.

  • ORC 955.22
Where it applies →

Workweek

The unit overtime is measured in. Hours worked in excess of forty hours in one workweek carry one and one half times the wage rate, and the count starts again the following week.

Also called the week overtime is counted in

The unit overtime is measured in. Hours worked in excess of forty hours in one workweek carry one and one half times the wage rate, and the count starts again the following week.

What it is not

It is not the pay period. A fortnight that totals eighty hours can contain ten hours of overtime or none, and which it is depends on how those hours fell across the two weeks rather than on the total.

  • ORC 4111.03
Where it applies →

About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Ohio attorney answers and a glossary cannot. Current as of September 2026.