Tag Archives: drug charges

Drug Charge Dismissed: Car Owner/Driver Cannot Consent to Search of Passenger’s Purse or Bag

April 14, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Drug Charge Dismissed: Car Owner/Driver Cannot Consent to Search of Passenger’s Purse or Bag

The Fourth Amendment protects individuals from unreasonable searches and seizures.  Generally, for a search to be considered constitutionally reasonable, the officer must have probable cause and a warrant. There are a few exceptions to the warrant rule.   One is consent.  If you consent to a search by the police, you waive your Fourth Amendment rights. […]

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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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Marijuana Possession & Paraphernalia Charge Thrown Out for Lack of Reasonable Suspicion

June 22, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Marijuana Possession & Paraphernalia Charge Thrown Out for Lack of Reasonable Suspicion

In State v. Casey, 2014-Ohio-2586, the court threw out a possession of marijuana and paraphernalia charge based on the officer’s violation of the driver’s Fourth Amendment rights.   Even though the driver passed field sobriety tests, the officer made the driver sit in his cruiser and wait for a canine unit to search his car […]

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Grandview Heights Drug Case Thrown Out for Unconstitutional Stop

May 13, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Grandview Heights Drug Case Thrown Out for Unconstitutional Stop

In a recent case out of Grandview Heights, the Ohio Court of Appeals held that asking for identification from someone on the street is not a seizure. The police don’t need to have reasonable suspicion or anything more than a hunch in order to ask someone for their ID. But when, as the Grandview police […]

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Prolonged Obstructed License Plates Stop Leads to Dismissal of Drug Charges

February 14, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Prolonged Obstructed License Plates Stop Leads to Dismissal of Drug Charges

Often when our clients are charged with OVI or a drug offense based upon alleged paraphernalia found in a vehicle, the initial reason for the stop has nothing to do with the subsequent charge.  For example, many clients are pulled over for speeding or another moving violation, which then leads to an OVI or drug […]

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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 Possession & Paraphernalia Charge Dismissed Due to Illegal Search

December 16, 2013  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Marijuana Possession & Paraphernalia Charge Dismissed Due to Illegal Search

As we have discussed previously on our blog, the police cannot stop and search your person or your car unless certain standards are met.  This issue came up again in a recent case before the Second District Court of Appeals. In State v. Hawkins, 2013-Ohio-5458, officers were patrolling in an area that had recently seen […]

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The Police Can’t Search Your Hotel Room Without Your Consent

October 14, 2013  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on The Police Can’t Search Your Hotel Room Without Your Consent

When you check into a hotel, does your hotel room afford you the same privacy rights that you would have at your house?  Or can a hotel employee with a key allow the police to search anytime?  A recent Ohio case answered this question. As long as you have not checked out, been kicked out, […]

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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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Evidence of Drugs Found in Car Thrown Out Because Traffic Stop Was Invalid

September 13, 2013  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Evidence of Drugs Found in Car Thrown Out Because Traffic Stop Was Invalid

  If you or a friend or family member have been arrested after being stopped by the police in your car, talk to a Columbus attorney today.  We can help analyze the facts of your case and determine whether – as in the case described below – the reasons for the officer’s stop were invalid.  […]

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