Illegal Search and Seizure Cases in Youngstown, Ohio
Ohio law enforcement remains focused on preventing the possession of amounts over 100 grams, leading to situations where searches and seizures might occur without any solid evidence of wrongdoing. It’s crucial to know that arrests and charges can sometimes stem from searches that were not conducted properly, putting innocent people at risk of being unfairly penalized.
Need Legal Help? Contact the Youngstown Criminal Law Group
The experienced Youngstown criminal attorneys at Youngstown Criminal Law Group are well versed in defending against charges related to marijuana that come from illegal searches and seizures. They are dedicated to helping you avoid the unwarranted fallout from such charges.
Understanding Probable Cause in Ohio
The Fourth Amendment safeguards against arbitrary arrests and searches, meaning police need a valid reason, or “probable cause,” before making an arrest, searching a property, or obtaining a warrant. Specifically, officers must believe it likely that marijuana is located on the property to justify a search warrant. Without this probable cause, officers generally cannot search your property unless you give them permission, or they can see evidence in plain view if they are lawfully on your premises.
When Are Search Warrants Not Needed in Ohio?
Ohio law outlines specific scenarios where police can proceed without a warrant due to urgent conditions, such as if they believe a life is at risk. However, any evidence not visible in plain sight under these circumstances, and obtained without a warrant, is usually inadmissible in court because it was obtained unlawfully.
Courts are strict in determining what constitutes an urgent need that bypasses the requirement for a warrant. A notable case, State v. Johnson, 187 Ohio App.3d 322 (2010), highlighted this when a court dismissed evidence collected without a warrant based on an officer’s mere suspicion of drug activity, reinforcing the necessity for warrants and lawful evidence gathering.
Proper Execution of Search Warrants in Ohio
In Ohio, the law demands that search warrants must be based on clear probable cause or a reasonable suspicion that illegal items, such as over 100 grams of marijuana, will be found in a precisely specified location. The details provided to obtain a warrant must be both specific and backed by sufficient evidence to establish probable cause.
Get Experienced Legal Assistance at Youngstown Criminal Law Group
If you or someone you know faces charges due to an illegal search and seizure in Mahoning County, the Youngstown criminal lawyer is ready to help. Our skilled marijuana Youngstown OVI lawyer will fight for your rights, crafting a defense strategy suited to your situation to achieve the best possible outcome. Contact us for a free, confidential consultation today by calling (330) 992-3036 or completing our online contact form.