Archive | Ohio Drug Laws

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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When Can Ohio Police Perform a Stop and Frisk / Pat Down?

January 17, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on When Can Ohio Police Perform a Stop and Frisk / Pat Down?

What is a “Terry” Stop? There are three types of police police-citizen interactions: 1) a consensual encounter, 2) a brief investigatory stop or detention, and 3) an arrest. During the second kind of stop — an investigatory stop (also called a “Terry stop”) — the officer is permitted to briefly stop someone in order to investigate possible […]

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U.S. Supreme Court Says Reasonable Mistakes by Police About the Law Can Still Justify a Traffic Stop

December 29, 2014  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on U.S. Supreme Court Says Reasonable Mistakes by Police About the Law Can Still Justify a Traffic Stop

Generally, the Fourth Amendment prohibits “unreasonable searches and seizures.”  But what happens if the officer thinks he has justification for pulling someone over, but it turns out he was wrong?  The Supreme Court answered this question recently in its 8-1 decision in Heien v. North Carolina, No. 13-604. Mistakes of Law by Officers Here, an officer […]

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Evidence of Marijuana & Other Drugs Thrown Out Due to Illegal Warrantless Search of Home’s Backyard

August 27, 2014  |   Posted by :   |   Columbus Criminal Defense, Ohio Drug Laws   |   Comments Off on Evidence of Marijuana & Other Drugs Thrown Out Due to Illegal Warrantless Search of Home’s Backyard

In this case, police were conducting a “knock and talk” to discuss suspected drugs in the home.  The police did not have a warrant.  However, one of the officers ventured to back of the house — without a warrant — and observed marijuana plants on the deck.   This observation then supported a warrant to […]

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Marijuana Possession Case Thrown Out Due to Unlawful Traffic Stop

December 17, 2013  |   Posted by :   |   Columbus Criminal Defense, Ohio Drug Laws   |   Comments Off on Marijuana Possession Case Thrown Out Due to Unlawful Traffic Stop

The defendant’s pickup truck was stopped by the Ohio State Highway Patrol.  The trooper said that the defendant drove outside the fog line once and onto the fog line twice.  He also noted that the defendant had California plates. Upon pulling him over, the trooper asked the defendant how long he had been in California, […]

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Marijuana Arrests Highest in the Midwest

September 21, 2013  |   Posted by :   |   Columbus Criminal Defense, Ohio Drug Laws   |   Comments Off on Marijuana Arrests Highest in the Midwest

The Columbus Dispatch reported recently that although violent crimes are slightly up in the U.S., drug arrests continued to greatly outnumber other crimes–including violent crime. In fact, there were more than four times as many arrests for drugs as violent crimes in Ohio last year.  According to the Uniform Crime Reporting statistics released on Monday […]

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