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This question is one of the most frequently asked by clients. The short answer is “no.” Simply smelling marijuana emanating from inside your vehicle is not enough to justify a warrantless search of your trunk in Ohio. The Ohio Supreme … Continue reading →
A Franklin County Court of Appeals case concluded that plea bargains are enforceable contracts. In State v. Church, Brian Church was arrested for possession of marijuana and jaywalking following a drug buy. Law enforcement intended to indict Mr. Church for … Continue reading →
A recent case out of the Eight District Court of Appeals dealt with the issue of whether a search warrant obtained by law enforcement was supported by sufficient probable cause to justify a search of the defendant’s residence. Facts The … Continue reading →
While marijuana has been legalized for recreational use in several states, including Colorado, Washington, Oregon and Alaska, and for medicinal use in 23 states, marijuana is illegal under Ohio law. Illegal cultivation of marijuana can lead to mandatory prison terms, … Continue reading →
A recent case, State of Ohio v. Ambrosini and Pregi, in the 7th District of Ohio demonstrates the importance of the warrant requirement before law enforcement may search a person’s house. In January 2014, officers from the Austintown Township Police … Continue reading →
Possession of drug paraphernalia in Ohio does not always mean that drugs were involved. While drug possession charges often accompany drug paraphernalia charges, these offenses are mutually exclusive (i.e., drug paraphernalia charges can result even when no drugs are found). … Continue reading →