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Illegal Search and Seizure Cases

We have a proven track record of success in handling over 15,000 criminal cases and consistently awarded as one of Ohio’s top criminal defense firms. We are highly experienced illegal search and seizure cases lawyers. Experience matters when dealing with these cases, which prosecutors and judges handle differently on a case by case basis. We know what to expect and what to do to get the best result possible.

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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.


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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.


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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.


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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.


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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.

  • Brian Joslyn was named Best Lawyer in 2019 by Birdeye.
  • Columbus CEO magazine has yearly selections for the best attorneys in Columbus Ohio. Brian Joslyn has been identified as one of the most highly skilled attorneys across central Ohio.
  • Brian Joslyn has earned recognition for community leadership by Lawyer LegionLawyer Legion
  • Preeminent Attorney Award. Peer rated for highest level of professional exellence.
  • The Better Business Bureau (BBB), founded in 1912, is a private, nonprofit organization whose self-described mission is to focus on advancing marketplace trust.

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