Archive | Ohio Drug Laws

How Long Can Police Make a Driver Wait After a Traffic Stop? When Can Police Bring in a Drug Dog to Sniff the Car?

September 29, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on How Long Can Police Make a Driver Wait After a Traffic Stop? When Can Police Bring in a Drug Dog to Sniff the Car?

HOW LONG CAN POLICE MAKE A DRIVER WAIT AFTER A TRAFFIC STOP? WHEN CAN POLICE BRING IN A DRUG DOG? During a traffic stop, an officer may delay a driver only for enough time to issue a ticket or a warning. The officer is given time to run a computer search on the driver’s license, registration, […]

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When Can Police Order Someone to Empty Their Pockets?

September 26, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on When Can Police Order Someone to Empty Their Pockets?

WHEN CAN A POLICE OFFICER ORDER A PERSON TO EMPTY THEIR POCKETS? A recent decision from the Ohio Court of Appeals has held that police officers may order someone to empty his or her pockets only when the officer believes a person has a weapon (is armed and dangerous).  The police officer must be able to […]

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Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

August 11, 2016  |   Posted by :   |   Columbus Criminal Defense, Columbus, Ohio DUI Law, Ohio Drug Laws   |   Comments Off on Can a Police Officer Detain a Driver Beyond a Traffic Stop Just to Search for Drugs?

DOES A POLICE OFFICER HAVE AUTHORITY TO CONTINUE A TRAFFIC STOP TO SEARCH FOR DRUGS OR OTHER CONTRABAND? The Eleventh District Court of Appeals has held that although a police officer may have a suspicion of illegal activity following a traffic stop, the police officer does not have ‘open season’ to investigate matters not reasonably […]

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Can You Be Charged with Marijuana Possession if You Test Positive for Marijuana on a Drug Test?

April 13, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Can You Be Charged with Marijuana Possession if You Test Positive for Marijuana on a Drug Test?

Answer: In the State of Ohio, no. If you test positive for marijuana (fail a drug test) – but do not actually have any marijuana or paraphernalia in your possession – you cannot in Ohio be charged with marijuana possession.  Once you smoke or consume a drug (such as marijuana), you are no longer in […]

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Can a Marijuana Possession Charge Prevent You From Getting a Concealed Carry (CCW) in Ohio?

March 22, 2016  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Can a Marijuana Possession Charge Prevent You From Getting a Concealed Carry (CCW) in Ohio?

Yes. Pending Marijuana Possession / Paraphernalia Charges Will Disqualify You from Obtaining an Ohio CCW. R.C. 2923.125 says that if you have been charged with misdemeanor marijuana possession or paraphernalia under R.C. 2925 (Ohio’s drug offense laws), and the case is still pending, you are ineligible to obtain a concealed holder license (CCW) in Ohio.   […]

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Can the Police Search Your Car for Marijuana if You Say No in Ohio?

November 30, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Can the Police Search Your Car for Marijuana if You Say No in Ohio?

The police pull you over for speeding.  Or for not using your turn signal.  Or for marked lanes. Or for any other small traffic violation.  The officer walks up to your car and asks to search the car.  You say no.  In Ohio, can he search it anyway? If the police ask to search your […]

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Warrantless Search of Apartment Based on Officer Viewing Marijuana Through Glass Door Unconstitutional

October 15, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Warrantless Search of Apartment Based on Officer Viewing Marijuana Through Glass Door Unconstitutional

One recent Ohio case – State v. Ambrosini, 2015-Ohio-4150 – highlighted the importance of knowing Ohio search and seizure law in a marijuana possession case. In this case, police smelled marijuana and saw though a glass door someone smoking marijuana inside an apartment.  The police entered the apartment – without a warrant – claiming the “plain view” […]

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Does Marijuana Possession or Paraphernalia in Ohio Count as a “Criminal” Record for Purposes of Employment Applications?

October 15, 2015  |   Posted by :   |   Columbus Criminal Defense, Ohio Drug Laws   |   Comments Off on Does Marijuana Possession or Paraphernalia in Ohio Count as a “Criminal” Record for Purposes of Employment Applications?

Answer: It depends on how you were charged and under what statute you were charged or convicted.  When is a Marijuana Possession Conviction in Ohio NOT Considered a Criminal Record? You do not have to report an Ohio marijuana arrest or conviction on an employment application or license if the following apply: You are arrested and charged […]

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Drug Evidence Suppressed Where Police Search Driver Without Reasonable Suspicion of Criminal Activity

February 09, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Drug Evidence Suppressed Where Police Search Driver Without Reasonable Suspicion of Criminal Activity

In another recent unconstitutional search and seizure case, an Ohio Court of Appeals has again affirmed that being in a high-crime area does not in itself allow police to conduct warrantless searches. In this case, a driver was parked at a gas pump and had a baggie in his hand.  He was approached by police who […]

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Drug Charges Dismissed Where Driver Detained Beyond Time Required for Original Stop

January 26, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Drug Charges Dismissed Where Driver Detained Beyond Time Required for Original Stop

Under Ohio law, if a police officer’s reason for continuing to detain a driver is unrelated to the original reason for the stop, and when that continued detention is not based any articulable facts giving rise to a suspicion of some illegal activity, the search is an illegal seizure. In State v. Love, 2015-Ohio-142, the […]

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