Illegal Search and Seizure Cases in Cadiz, Ohio
Key Issues with Searches and Seizures
In Ohio, law enforcement is vigilant about preventing the possession of more than 100 grams of marijuana. However, this sometimes leads to searches and seizures that occur without Youngstown Criminal Law Group Evidence, risking the unfair penalization of innocent people. Knowing your rights is essential, as arrests and charges may arise from improperly conducted searches.
Need Legal Assistance? Contact the Youngstown Criminal Law Group
The Cadiz Criminal Law Group is equipped with experienced legal professionals adept at defending against marijuana-related charges stemming from illegal searches and seizures. They are committed to mitigating the unwarranted consequences of such charges.
Understanding Probable Cause in Ohio
The Fourth Amendment protects you from arbitrary arrests and searches, asserting that police need a valid reason, or “probable cause,” before making arrests, conducting searches, or obtaining warrants. Specifically, officers must have a justifiable belief that marijuana is present on the premises to issue a search warrant. Without probable cause, officers cannot legally search your property unless you consent or they see evidence in plain view while lawfully present.
When Are Search Warrants Not Needed in Ohio?
Ohio law specifies scenarios where police can act without a warrant due to exigent circumstances, such as when they believe there is a risk to life. However, evidence not plainly visible under such conditions and obtained without a warrant is typically inadmissible in court due to its unlawful procurement.
Courts are stringent about what qualifies as an urgent necessity that overrides the need for a warrant. The pivotal case of State v. Johnson, 187 Ohio App.3d 322 (2010), showcased this when a court dismissed evidence acquired without a warrant based merely on suspicions of drug activity, emphasizing the critical need for warrants and lawful evidence collection.
Proper Execution of Search Warrants in Ohio
Ohio law mandates that search warrants must be issued based on distinct probable cause or a reasonable suspicion that illegal substances, like over 100 grams of marijuana, will be found at a specific, well-defined location. The information provided to obtain a warrant must be detailed and backed by sufficient evidence to establish probable cause.
Get Experienced Legal Assistance at Youngstown Criminal Law Group
If you or someone you know is facing charges due to an illegal search and seizure in Harrison County, the Cadiz Criminal Law Group stands ready to assist. Our skilled Cadiz OVI lawyer will advocate for your rights, crafting a defense strategy tailored to achieve the best possible outcome. For a free, confidential consultation, contact us today at (330) 992-3036 or complete our online contact form.