Lawyer Talk: Off the Record

Can Police Still Search Your Car for the Smell of Marijuana?Steve Palmer and Troy Henricksen discuss the “plain smell” doctrine—a hot topic in criminal procedure, especially with all the changes surrounding marijuana laws in Ohio. They walk you through what cops can and can’t do during a traffic stop when they detect the scent of marijuana, explaining how the Fourth Amendment and recent legal changes affect searches, privacy rights, and law enforcement actions.Together, they break down the evolution from the days when the mere odor of marijuana was enough for a search, to today’s more complex landscape where medical and even recreational use of marijuana has changed the legal calculus. They explain how “probable cause” is no longer as simple as it used to be, why the plain smell doctrine isn’t as clear-cut, and what this means for drivers, law enforcement, and anyone interested in constitutional rights.If you’ve ever wondered how legalization affects your rights on the road—or if you just enjoy following the ever-changing world of criminal law—this is an episode you won’t want to miss. Moments00:00 "Fourth Amendment and Automotive Exception"03:55 Ohio's Plain Smell Doctrine Explained08:06 "Probable Cause and Police Inquiry"10:45 "Law and Society Evolving"Here are 3 key takeaways:The “Plain Smell Doctrine” Isn’t What It Used To Be: The once-clear rule that the odor of marijuana gave police probable cause to search your car is now muddy in Ohio and other states with legalized cannabis. Police must consider if there’s a legal reason for the odor before jumping to conclusions.Legalization Shifts the Burden: With legal medical and recreational marijuana, officers should now do more investigating before deciding to search. Simply smelling marijuana isn’t enough—they need facts pointing toward illegality.Know Your Rights: If you’re ever pulled over and marijuana is involved, you aren’t required to answer all questions. Like Steve Palmer emphasized, politely exercising your right to remain silent could matter more than ever as courts adapt to new laws.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

If you’ve ever wondered how verdicts really work, what rights defendants have, and whether prosecutors can get a second chance after a loss in court, you won’t want to miss this insightful episode.Welcome back to Lawyer Talk! In this episode, host Steve Palmer dives into a recent Columbus, Ohio case involving police officer Connor Grubbs, who was acquitted of homicide-related charges after a controversial shooting incident. While the case sparked plenty of heated debate, today’s focus is on a fascinating legal question: can the government appeal an acquittal if they disagree with the verdict?Drawing from his decades of criminal defense experience, Steve Palmer breaks down why—thanks to the Fifth Amendment and double jeopardy protections—the answer is a firm “no.” He also sheds light on those rare exceptions when a government CAN appeal, such as when evidence is suppressed before trial. Got a legal question? Steve Palmer invites listeners to reach out for future episodes at LawyerTalkPodcast.com.Key Takeaways:No Appeals After Acquittal: Once a jury finds a defendant not guilty, the government cannot appeal the verdict. This is a fundamental protection for defendants in our justice system.Limited Exceptions Exist: The government can sometimes appeal pre-trial rulings—such as when crucial evidence is suppressed—but only before trial and never after an acquittal.Double Jeopardy Protection: The Fifth Amendment’s double jeopardy clause prevents the government from putting someone on trial for the same crime more than once, cementing the acquittal as final.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

Whether you’re curious about famous cases, the restoration of rights, or the possibility of pardoning undiscovered crimes, this episode has all the answers. Welcome to another episode of Lawyer Talk! In today's Q&A-style session, host Steve Palmer explains the intriguing topic of presidential pardons. Drawing from questions submitted by listeners and recent headlines, Steve explores the true extent of the president's pardon power—what it covers, what it doesn’t, and the notable differences between federal and state convictions. With a blend of historical perspective and legal insight, you’ll learn how past presidents have used this authority, the constitutional roots of the power, and the real-world implications for those who receive pardons. Grab your headphones as we demystify presidential pardons here on Lawyer Talk!Here are the top three takeaways:Presidential Pardons Are Limited to Federal Convictions - The U.S. President cannot pardon state court convictions (e.g., cases from New York or Ohio); the power only applies to federal offenses.Rights Restoration—Not Expungement - A pardon restores rights lost due to conviction (firearms, voting, etc.), but doesn’t erase the record like an expungement.Scope of Pardon Power: Broad, But Not Boundless - Courts have affirmed the President’s wide-ranging ability to pardon, but there’s lingering legal uncertainty around pardons for crimes “not yet discovered” or future offenses—especially given recent actions.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

Ready to find out what’s really at stake in the suppression hearing?Welcome back to Lawyer Talk, where we go off the record but stay on the air. In this episode, Steve Palmer and Troy Henricksen dive deep into the suppression hearing in the high-profile case of Luigi Mangione—the man accused of shooting Brian Thompson, CEO of UnitedHealthcare.Together, they break down not just what happened during Mangione’s arrest at a Pennsylvania McDonald’s, but also the crucial legal arguments taking shape around his constitutional rights. Was Mangione truly “in custody” when police cornered and questioned him? Did officers follow Miranda protocols, or did they overstep? What about the search of his backpack, which uncovered a manifesto and firearm—was that lawful, or a violation of his Fourth Amendment rights?From the nuances of custodial interrogation to the exceptions that allow police searches without a warrant, Steve Palmer brings his 30 years of criminal defense experience to the table, while Troy Henricksen offers insightful questions and analysis from a law student’s perspective. Whether you’re a legal aficionado or just intrigued by courtroom drama, this episode gives you a front-row seat to the arguments and strategies that could shape the outcome of one of the country’s biggest cases.Moments00:00 Police Violations of Constitutional Rights03:34 "Luigi's Suppression Hearing Details"09:07 Mangione's Freedom Questioned10:03 "Police-Controlled Environment Analysis"16:22 "Suppressed Statements Impact Cases"17:32 "Miranda Rights and Custodial Interrogation"22:24 "Wingspan Search Exception Debate"26:02 "Terrorism Charges Dropped"27:49 "Inventory Search Exception Explained"30:24 "Search Validity Debate in Court"33:15 "Legal Insights and Q&A"Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

Can a prison sentence be extended after someone’s already behind bars? Using the tragic story behind Ohio’s Reagan Tokes Act as a starting point, we break down how and why sentences might be lengthened, what role the parole authority plays, and the evolution of sentencing laws in Ohio. Along the way, we touch upon the legal debates around due process, the politics of laws named after victims, and what all of this means for people caught up in the system. Whether you’re curious about indefinite sentences, parole hearings, or just want to know how the law actually works beyond the headlines, this episode brings clarity—with plenty of opinions. Here are 3 key takeaways:The Reagan Tokes Act in Ohio introduced indefinite sentencing: For qualifying felony crimes of violence, offenders receive a sentencing range (e.g., 8 to 11 years). The parole board can extend incarceration up to the maximum if there are continuing risks or infractions, fundamentally shifting how time served is determined.Due process and legal controversy: The Ohio Supreme Court recently upheld the Reagan Tokes Act’s structure (in State v. Hacker, 2023), deciding that the judge still sets the range while the parole authority determines exactly how long is served—raising ongoing debates around separation of powers and due process.The risks of “exception-based” legislation: Laws named after victims, like the Reagan Tokes Act, often arise from singular, horrific events. While politically compelling, they can create widespread changes affecting many beyond the case that prompted them.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com