Illegal Search And Seizures Cases In Cincinnati Ohio
As of 2019, the city of Cincinnati decriminalized marijuana up to 3 ounces or 100 grams. However, Ohio law enforcement officers are still devoted to prohibiting the possession of marijuana over 100 grams; this may result in searches and seizures conducted without any basis to support findings of guilt. To make arrests and impose charges, sometimes proper protocols are not followed, and no person should be convicted of a crime that arose from an improper search.
Hamilton County Marijuana Illegal Search Attorney
Joslyn Criminal Defense Law Firm attorneys can help you avoid unnecessary consequences and convictions for marijuana charges arising from illegal searches and seizures.
Probable Cause Requirement In Ohio
Probable cause is a right found in the Fourth Amendment that generally must be met before the police make an arrest, conduct a search, or receive a warrant. To conduct a legal search, police officers must have probable cause to believe that marijuana is on the premises or area in question, allowing for a warrant to be issued for a proper search and seizure. An officer generally cannot perform a search without a warrant unless they receive consent from the person responsible for the property, and they cannot seize potential evidence in a dwelling unless they are invited in, and the evidence is in plain sight.
Exceptions To Ohio Search Warrant Requirements
There is one exception to the search warrant requirement if exigent circumstances exist. For example, if officers believe that someone’s life is in danger, they may enter the premises to make an arrest. If evidence seized is not in plain sight and there is no warrant, it will likely be suppressed because it was illegally obtained.
The court is relatively strict on what counts as an exigent circumstance. For example, in State v. Johnson, 187 Ohio App.3d 322 (2010), the court found that an officer’s suspicion that drug activity was in progress did not rise to sufficient urgency to allow for a warrantless search. In Johnson, officers were informed of a crime stopper’s tip that heroin was being sold in an apartment. After receiving the tip, an officer went to the apartment building through an open door but had to open a screen door. After arrests were made, a protective search was performed, and heroin was found. To legally perform the search, the officer was required to get a warrant; therefore, all evidence found after the arrests were suppressed.
Execution Of Ohio Search Warrants
The Ohio constitution dictates that judges and magistrates must have probable cause or an articulable suspicion to believe that prohibited items, such as more than 100 grams of marijuana or paraphernalia, will be found in a particularly described place. Therefore, the description of the items must be as specific as possible and contain sufficient evidence to support a finding of probable cause.
Joslyn Criminal Defense Law Firm │ Ohio Illegal Marijuana Search And Seizure Lawyer
Contact Joslyn Criminal Defense Law Firm if you or a loved one was charged with marijuana due to an illegal search and seizure in Hamilton County. Joslyn Criminal Defense Law Firm attorneys are experienced marijuana defense lawyers who will advocate for you and tailor your defense to your needs to ensure the best outcome possible. Set up a free, confidential consultation today by calling (513) 399-6289 or filling out an online form.
