Search and Seizure in Marijuana Cases
Ohio law enforcement officers are devoted to prohibiting the use of marijuana to such an extent that searches and seizures are often conducted without any basis to support findings of guilt. However, in an effort to make arrests and impose charges, proper protocol is often not followed. Individuals should not be charged and/or convicted for marijuana offenses arising from a mistake or even manufactured evidence
Columbus Marijuana Illegal Search Attorney
Brian Joslyn of the Joslyn Law Firm can help you avoid unnecessary consequences and convictions for marijuana charges arising from an illegal search and/or seizure. Brian Joslyn is a Columbus marijuana illegal search attorney who will explain your rights and assist you in the development of your defense. Call the Joslyn Law Firm at (614) 444-1900 for a consultation today.
Probable Cause Requirement in Ohio
In many instances, law enforcement predetermines a finding of guilt, even when proper procedures are not followed when doing so. For example, in order to conduct a legal search, police officers must have probable cause to believe marijuana or cannabis is on the premises or area in question and they also have a valid search warrant, unless an exception exists.
Even when a law enforcement officer has “reasonable suspicion,” the so-called evidence by itself does not justify a warrantless search of one’s person or property. State v. Bing, 134 Ohio App.3d 444.
Exceptions to the Warrant Requirement
One exception to the warrant requirement is exigent (urgent) circumstances. Sometimes, in an effort to make an arrest, an officer may create the exigency. In such a case, evidence seized without a warrant will be suppressed because it was illegally obtained.
In State v. Johnson (187 Ohio App.3d 322), an officer’s suspicions that drug activity was in progress and his subsequent questioning about the premises did not create sufficient urgency for a warrantless search.
Execution of Ohio Search Warrants
In the execution of warrants, Article I, Section 14 of Ohio’s constitution dictates that judges and magistrates must have fair probable cause or an articulable suspicion to believe that marijuana or paraphernalia will be found in a particular place. The description of the items must be as specific as possible and contain sufficient evidence to support a finding of probable cause. State v. Young,146 Ohio App.3d 245.
Frivolous and baseless prosecution and conviction for marijuana-related offenses often divert law enforcement’s attention away from serious felonies and wastes the state’s judicial resources.
Joslyn Law Firm | Illegal Marijuana Search and Seizure Lawyer in Ohio
If you believe you were charged with a marijuana offense due to an illegal search and seizure in Ohio, contact the Joslyn Law Firm today. Brian Joslyn of the Joslyn Law Firm is an experienced marijuana defense lawyer who will advocate for you and tailor your defense to the circumstances of your individual case.
Call the Joslyn Law Firm at (614) 444-1900 for a consultation about your marijuana charges in Franklin County and the surrounding counties of Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.