Illegal Search and Seizure Cases in Carrollton, Ohio
Ohio law enforcement continues to focus heavily on combating the possession of marijuana in amounts exceeding 100 grams. This focus has sometimes led to circumstances where searches and seizures occur without any substantial evidence of wrongdoing. It is important to know that arrests and charges can sometimes arise from searches conducted improperly, putting innocent individuals at risk of facing unfair penalties.
Need Legal Help? Contact the Youngstown Criminal Law Group
The knowledgeable Carrollton criminal lawyers at Youngstown Criminal Law Group specialize in defending clients against charges involving marijuana possession tied to illegal searches and seizures. They are dedicated to protecting your rights and helping you avoid unnecessary consequences resulting from such charges.
Understanding Probable Cause in Ohio
The Fourth Amendment of the U.S. Constitution protects citizens against unreasonable arrests and searches. This means officers must have a valid reason, known as “probable cause,” before undertaking actions such as making an arrest, searching a property, or obtaining a warrant. Specifically, officers need to reasonably believe that marijuana is on a property in order to justify requesting a search warrant. If this probable cause is absent, officers typically cannot search your property unless you provide consent or if evidence is visible in plain sight during lawful entry.
When Are Search Warrants Not Required in Ohio?
Ohio law allows for certain exceptions where police may act without a warrant due to urgent circumstances. For example, if officers believe there is an immediate threat to someone’s life, they may proceed without obtaining a warrant. However, evidence that is not plainly visible during these urgent conditions and is collected without a warrant is often inadmissible in court, as it is considered unlawfully obtained.
Courts strictly interpret what qualifies as an urgent situation that negates the need for a warrant. A key case, State v. Johnson, 187 Ohio App.3d 322 (2010), exemplified this standard when evidence was thrown out due to a lack of a warrant despite an officer’s mere suspicion of drug activity. This case underlined the significance of warrants and legal standards for gathering evidence.
Proper Execution of Search Warrants in Ohio
Under Ohio law, search warrants must be based on solid probable cause or reasonable suspicion that illegal materials, such as over 100 grams of marijuana, are located at a specific address. The information used to justify a warrant needs to be precise and substantiated with enough evidence to establish probable cause. Without meeting these requirements, any evidence gathered may not hold up in court.
Get Professional Legal Support at Youngstown Criminal Law Group
If you or a loved one is facing charges stemming from an illegal search and seizure in Carroll County, the dedicated legal professionals at Youngstown Criminal Law Group are here to help. Our experienced Carrollton OVI lawyers are committed to defending your rights by building a tailored defense strategy to secure the best possible results for your case.
Contact Youngstown Criminal Law Group today for a free and completely confidential consultation. Reach out by calling (330) 992-3036 or by filling out our online contact form. Don’t leave your future up to chance—our experienced team is ready to fight for you.