probable cause to search

• State v. McCorvey, (Ohio 2011)

CRIMINAL LAW - SEARCH & SEIZURE - informant tip; probable cause; three classes of informant; anonymous informant; known informant; identified citizen informant; canine alert provides probable cause to search vehicle; negative search following canine alert does not provide probable cause to search vehicle's occupant.

• Ohio Supreme Court

• The state of our trash in Florida: the use of evidence found in residential garbage to establish probable cause to search a citizen's home.

As most of us know, once we carry or drag our garbage to the street for disposal, it is fair game for authorities to snatch and sift through to their ...

• Florida Bar Journal
• Vol. 82 Nbr. 1, January 2008

• Court Finds No Probable Cause Needed to 'Search' License Number

DETROIT - When Curtis Ellison ran into the store, leaving his companion and his van to idle in the fire lane, he probably never imagined that shortly thereafter he would be arrested and charged with a felony. But that's exactly what happened when Officer Mark Keeley of the Farmington Hills Police Department noticed Ellison's van, ran a check on the license plate number through his patrol car's Law Enforcement Information Network (LEIN) computer, and discovered that Ellison had an outstanding felony warrant.

• St. Charles County Business Record
• October 21, 2006

• State v. Minyoung, (Ohio 2012)

Trial court did not err in denying Appellant's motion to suppress where the officer had probable cause to search Appellant.

• Ohio Supreme Court

• Massachusetts Supreme Judicial Court Finds No Probable Cause to Search Computer Files

The police lacked probable cause to examine the private computer files of a high school employee for child pornography because the files were not available to other users of the network, Massachusetts' highest court has ruled. As part of an investigation into an unauthorized computer using the high school's network, it was discovered that the defendant's computer shared files with the unauthorized user.

• Lawyers USA
• March 13, 2009

• Probable Cause in a World of Pure Imagination: Why the Candyman Warrants Should Not Have Been Golden Tickets to Search

Throughout the US history, courts have struggled to balance the individual's right to be free from unreasonable searches and seizures against law enforcement's need to protect the community. If the government submits false evidence to establish probable cause, the defendant may suppress the evidence by showing that the information was material to the finding of probable cause, and the government knowingly submitted the false information or that it did so with a reckless disregard for the truth. In US v. Martin and US v. Coreas, two cases that are illustrative of the Candyman cases, the Second Circuit departed from these central teachings of First and Fourth Amendment jurisprudence. The court concluded that probable cause existed to search the defendants' homes based on their memberships...

• St. John's Law Review
• Vol. 80 Nbr. 3, July 2006

• Ohio v. Abbuhl, (Ohio 2011)

Probable cause to search passenger's purse incident to traffic stop - odor marijuana.

• Ohio Supreme Court

• Police Had Probable Cause to Stop and Search

Where the police ran the defendant's license plate and the information received indicated that the license plate was for a different vehicle, the police stopped the car, searched the vehicle and arrested the defendant. The police found cocaine and marijuana and obtained a statement from the defendant. Reviewing the facts in People v. Roderick Ross, New York State Supreme Court, Monroe County Judge Joseph D. Valentino determined the police had probable cause to arrest the defendant for possession of the contraband. Also, the police denied the defendant's motion to suppress his statement. The show up identification procedure was reasonable police conduct and lacked any undue suggestiveness.

• Daily Record (Rochester, NY)
• December 01, 2005

• State v. Dudley, (Ohio 2012)

The trial court erred in suppressing crack cocaine found in the defendant’s pocket during a traffic stop. The smell of marijuana emanating from the stopped vehicle gave police probable cause to search the vehicle for contraband. That search revealed marijuana remnants on the driver’s seat. As a result of that discovery, police were justified in extending the stop to investigate further. In response to lawful questioning, the defendant admitted possessing a baggie of marijuana. That admission gave police probable cause to search the defendant for more drugs, and exigent circumstances dispensed with the need for a warrant. As a result, the trial court erred in suppressing crack cocaine found in the defendant’s coat pocket. Judgment reversed and cause remanded.

• Ohio Supreme Court

• State v. Evans, (Ohio 2011)

The smell of marijuana by a person qualified to recognize the odor, is sufficient to establish probable cause to search a motor vehicle. Defendant’s no-contest plea made counsel’s failure to file a motion to suppress his confession irrelevant. By pleading no contest, the defendant admitted to the truth of the facts alleged in the indictment. Crim.R.11(B)(2).

• Ohio Supreme Court