Drug Paraphernalia Charges In Ohio

[THEAMAZINGCHAN]

Here is an Ohio Supreme court case dealing with the "plain smell" doctrine.

If you decide to plead not guilty and base your defense on the exclusion of evidence due to an unconstitutional search, this will be defective, IMO.

Most state's search and seizure clauses/Amendments are generally "co-extensive" with the federal constitution's, although in some areas of S&S some state's afford more protection. Here, they are =.

Sister circuit's rulings were in conflict, so the high court accepted the appeal, as is outlined in the body of the opinion.


http://www.sconet.state.oh.us/rod/ne...00-ohio-10.pdf

in that article his clothing smelled and a "roach was discovered" in the passenger area. i can believe in that. he may have been smoking the joint a mile back or so thus causing the smell.
but thats a far cry from smelling a bowl in your trunk

[BOR]

in that article his clothing smelled and a "roach was discovered" in the passenger area. i can believe in that. he may have been smoking the joint a mile back or so thus causing the smell.
but thats a far cry from smelling a bowl in your trunk

Once the detection of MJ was noticed, then it gave the officer probable cause to search not only the vehicle's passenger compartment but anywhere such contraband could be contained, including the trunk.

[BOR]

Thanks much, I read the case opinion and it looks like that idea for a defense should probably be ruled out.
I'm contacting an area attorney ASAP to figure out what my options are.
Thanks to both of you for being very helpful, I've been totally freaked out over this and I appreciate the assistance.

You are welcome for the case citation.

[FattyMelton]

Sigh...I get that the officer was fairly entitled to the search the trunk after reading that opinion, but in MY opinion that's ****ed up...I mean if no roaches, no paraphernalia, and no weed at all were found in any part of the car that we, in the passenger compartment, actually had access to while driving, then we obviously hadn't been smoking. There should not have been reasonable cause to search the trunk since nothing was found on us or in the ENTIRE rest of the car. It just seems a little effed.

Now how can i find a good directory to a lawyer in the Willoughby area that'll give me a free phone consult?

[BOR]

Now how can i find a good directory to a lawyer in the Willoughby area that'll give me a free phone consult?

If you are indigent the court will appoint an attorney to represent you.

If you wish to retain one yourself call the local bar association and ask for a referral for a criminal defense attorney who gives free initial consultations and or at little cost.

[FattyMelton]

hi! thanks, after my post I used this websites "lawyers" link and submitted a form--within five minutes an atty. contacted me and we had a half hour consult in which he did a tremendous job of answering my questions. I feel alot better after talking to somebody and will probably hire this guy. Thanks much for all the help and support, to the users and the site itself.

[BOR]

hi! thanks, after my post I used this websites "lawyers" link and submitted a form--within five minutes an atty. contacted me and we had a half hour consult in which he did a tremendous job of answering my questions. I feel alot better after talking to somebody and will probably hire this guy. Thanks much for all the help and support, to the users and the site itself.

You are most welcome. Thank you for thanking me!!

Good luck,

BOR (Bill of Rights)

[THEAMAZINGCHAN]

this link might help you too

http://www.partsamerica.com/ProductL...?Category=4014

[vgibson419]

Please do not waist your money on a lawyer!! Get a PD, it doesn't make you look so guilty. If you smoked like 2 hrs pior there is a good chance that he did smell it or maybe your eyes told the officer, then he would have probable cause to search your car with out asking but he is suposed to inform you of the search and why. Did he ask you if there were any illegal drugs in your car before telling you to get out? Even if you did say that it was yours at the time when you go to court that's a whole different stage and normally the officer does not have to appear for something like this so then you are able to say it wasn't yours.
In OH they give tickets for possession so do not fear about going to jail that will not happen just keep your cool. Also don't plea "no contest" either that really makes your look guilty. Keep it not guilty and PD will take care of it just let them know that you can not have this on your record no matter what. PD's are more repected by judges than Lawyers!

**Future reference** Never admit anything to police officers no matter what they say or say can be done! You need to read up on your admendments.....oh try the 5th....your miranda rights are vital! ANYTHING that you say will bw used against you in court. Unfortunitly it doesn't say anything you say will help you right???

Good Luck and PLEASE do not hire a lawyer for something as petty as this.

Look on the back of citation you should have a bunch of numbers to call use them to your advantage and see if you can speak to a PD prior to court date to see if you must come to OH for this or if there is a way that it can be resolved.

[FattyMelton]

Dude at least read my post before you reply telling me what to do. It wasn't a possession charge in the first place and never will be. I am hiring a lawyer instead of a PD I don't know if it's the right decision or not, maybe I'm getting screwed, but I don't buy that judges respect a PD more. The lawyer I'm hiring has told me I probably won't have to go to Ohio at all to resolve this and that alone is worth the price tag.
We didn't smoke. At all. But a basic faith in the legal system on my part means that I'm not going to plead not guilty unless my lawyer convinces me of a valid reason I should: I was straightforward with the officer and I'm being straightforward with my attourney, not trying to hide anything here; I'm willing to take responsibility for the mistake I made, I just want to make sure that the judge realizes it WAS just a mistake and the effects of his decision on my situation. That's why I'm hiring a lawyer; he's working to minimize the impact on my record because I can't afford drug charges on my record due to the impact on federal student financial aid.