Tag Archives: warrantless entry

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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0.189 BAC Result Thrown Out: Police Cannot Enter Private Home Without a Warrant to Arrest an OVI Suspect for the Purpose of Obtaining BAC Evidence of Intoxication

September 10, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on 0.189 BAC Result Thrown Out: Police Cannot Enter Private Home Without a Warrant to Arrest an OVI Suspect for the Purpose of Obtaining BAC Evidence of Intoxication

The Ohio Supreme Court has acknowledged that officers can chase a suspect into a home if they are in “hot pursuit.”  But the key question is: When is an officer in hot pursuit?   In this case, a driver parked in his driveway ran into his house when the officer started stepping out of his […]

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Furnishing Alcohol to an Underage Person Charge Dismissed Due to Unconstitutional Warrantless Entry

August 03, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Furnishing Alcohol to an Underage Person Charge Dismissed Due to Unconstitutional Warrantless Entry

Underage drinking citations often arise during or following parties at private homes.  If an officer actually enters a home and starts giving out underage drinking citations or citations for furnishing alcohol to a minor, the first question to ask is whether the officer’s entry was legal.   Did the officer have a warrant?  Did the […]

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