Probable Cause

Can Law Enforcement be Civilly Liable for Filing a Criminal Charge Due to a Lack of Probable Cause on One Charge Even Though there was Probable Cause on Another Charge?

[T]he bringing of one valid charge in a criminal proceeding should not categori [...]

By Admin|2024-07-11T15:19:59-04:00July 8th, 2024|Civil Liability, Laws of Arrest, Probable Cause, U.S. Supreme Court|

To Search a Vehicle Under the Motor Vehicle Exception – Does an Officer Need an Exigent Circumstance or is Probable Cause THE Legal Standard?

Based on the foregoing, probable cause existed to search the backpack, and the [...]

By Admin|2024-01-18T12:05:24-05:00January 12th, 2024|Eighth District Appellate Court of Ohio, Probable Cause, Traffic Stops, Vehicle Search|

Because the Tenth District Added both the Exigent Circumstance Doctrine and an Arrestable Offense Element to the Plain Smell Doctrine … Mr. Camper is Happy

Because no exception to the warrant requirement justified Officer #1’s warrantl [...]

By Admin|2023-12-30T10:55:34-05:00December 29th, 2023|Plain Smell, Probable Cause, Tenth District Appellate Court of Ohio|

If a Rookie Officer Fails to Establish Probable Cause for Impaired Driving and Still Makes the Arrest … Is the Officer Entitled to Qualified Immunity?

On this set of findings, it would be evident to a reasonable officer that Mr. A [...]

By Admin|2023-11-04T10:35:42-04:00November 6th, 2023|Civil Liability, Impaired Driving, Probable Cause, Qualified Immunity|

Is Probable Cause and Circumstantial Evidence Enough to Prove Proof Beyond Reasonable Doubt?

While the responding officer did not directly observe Mr. Todd damage the laund [...]

By Admin|2023-11-01T09:07:01-04:00November 3rd, 2023|Circumstantial Evidence, First District Appellate Court of Ohio, Probable Cause|

Can Information from a CRI, surveillance on Two Dope Houses, GPS information, Controlled Narcotics Purchases and the Establishment of a Pattern of Drug Sales Establish Probable Cause for Two Search Warrants?

According to the Trial Court Judge the Answer is No! We reverse the trial court [...]

By Admin|2023-09-30T08:29:30-04:00October 2nd, 2023|First District Appellate Court of Ohio, Probable Cause, Search Warrant|

Can a Search Warrant Affidavit Include Hearsay to Establish Probable Cause?

The finding of probable may be based upon hearsay in whole or in part, provided [...]

By Admin|2023-05-06T18:20:19-04:00May 8th, 2023|Hearsay, Probable Cause, Search Warrant, Second District Appellate Court of Ohio|

If Law Enforcement Incorrectly Determines that Probable Cause was Not Established Can an Appellate Court Later Determine that There was Probable Cause and Admit the Evidence?

Yes! Taken together, these facts established a "fair probability" that the car [...]

By Admin|2023-07-09T10:16:47-04:00March 27th, 2023|Constructive Possession, Hotels, Probable Cause, Sixth Circuit|

Can a Boyfriend ‘Knowingly’ Assault his Live-In Girlfriend following a Medical Seizure?

Thus, there was evidence presented that Mr. Ullman’s actions were not just diso [...]

By Admin|2023-02-16T22:36:57-05:00February 17th, 2023|Domestic Violence, Ninth District Appellate Court of Ohio, Probable Cause|

Can a Male be Charged and Convicted for Public Indecency Inside His Own Home?

Mr. Imboden argued his genitalia was not observable to the witnesses because th [...]

By Admin|2024-10-10T16:26:25-04:00February 10th, 2023|Fourth District Appellate Court of Ohio, Probable Cause, Public Indecency|