State v. Schimmel

Citations

• 2017 Ohio 7747

Syllabus

The trial court erred in granting Appellee's motion to supress statements that he made during a pre-employment interview and polygraph examination, and evidence that was obtained as the result of the statements. Appellee failed to assert his Fifth Amendment privilege, and he did not fall within any established exceptions to assertion of the privilege. The interview and examination were part of a routine and accepted law enforcement application process, and Appellee was not under any compulsion to continue. To the contrary, Appellee could have ended the process at any time. Reversed and remanded for further proceedings. (Froelich, J., concurring in judgment only).