Legal Question in Criminal Law in Ohio

what specific probable cause evidence is required to search a home for growing marijuana? Neighbors are spreading rumors about a grow room...

Asked on 5/29/12, 3:04 pm

1 Answer from Attorneys

John Sauter Cloppert, Latanick, Sauter & Washburn

The search must be (subject to some very narrow exceptions) supported by a valid warrant signed by a neutral judge or magistrate.

The Supreme Court has said that probable cause exists when the facts and circumstances within the police officer's knowledge provide a reasonably trustworthy basis for a man of reasonable caution to believe that a criminal offense has been committed or is about to take place (see Carroll v. United States, 267 U.S. 132 [1925]).

Probable cause can be established by out-of-court statements made by reliable police informants, even though those statements cannot be tested by the magistrate or judge.

Probable cause does not exist where the only evidence of criminal activity is an officer's affirmation of suspicion or belief (see Aguilar v. Texas, 378 U.S. 108 [1964]).

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Answered on 5/29/12, 8:53 pm

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