If you’ve ever wondered who holds the real power in criminal cases, federal authorities or state courts, this episode is for you.

Welcome to Lawyer Talk! In this episode, I dig into the age-old debate of federal versus state law, joined by Troy Henricksen, a sharp law student who’s not afraid to challenge the status quo.

We kick things off with a real case where police violated Miranda rights during a custodial interrogation—and we ask the tough question: if someone gives their DNA during an illegal interrogation, can that evidence still be used in court?

Together, Troy and I discuss the “fruit of the poisonous tree” doctrine and examine major Supreme Court cases to see how physical evidence is treated differently from statements.

I explain how Ohio’s constitution sometimes offers protections that go beyond what federal law guarantees, and why it’s critical for lawyers to know their state’s specific rules.

We get into the nitty-gritty of the Supremacy Clause, what counts as valid consent, and why reading Miranda rights—or just getting a warrant—could save everyone a lot of trouble.

3 Key Takeaways:

• State Constitutions Can Set Higher Standards: While the federal constitution sets the minimum standard, states can offer more rights and protections, not fewer. Ohio, for example, allows suppression of physical evidence (like DNA) if obtained during an interrogation in violation of Miranda, even when federal law might not (Steve Palmer explains this difference).
• Supremacy Clause Doesn’t Always Mean “Federal Wins”: The Supremacy Clause means states can’t do less than the federal minimum, but they’re free to offer greater protection to defendants (Steve Palmer, Troy Henricksen). This is why it’s crucial to check your state constitution, not just federal law.
• Thorough Lawyering Pays Off: Many lawyers overlook state constitutional protections, but careful research can make a huge difference in tough cases. As Steve Palmer notes, always check state law for potentially stronger rights.

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 2026 Stephen E. Palmer - Attorney At Law

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Circle 270 Media Podcast Consultants

Circle 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