Clinton county ohio court warrant records

Williams , 86 Ohio App.

Rather, appellant argues police searched him pursuant to language in the search warrant purporting to authorize the search of "any and all persons found on the premises. Appellant thus concludes that the trial court was required to suppress the seized drugs. We find this argument to be misplaced. Rather, the "any and all persons" language is merely part of the description of the residence to be searched. Instead, the search warrant authorizes only a search of the apartment itself.

Generally, warrantless searches are per se unreasonable subject to "a few specifically established and well-delineated exceptions. United States , U. One such exception is a search incident to a lawful arrest. Chimel v. California , U. For a warrantless arrest to be lawful, the arresting officer must have probable cause.

Beck v. Ohio , U.

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The test for establishing probable cause to arrest without a warrant is whether the facts and circumstances within an officer's knowledge were sufficient to warrant a prudent individual in believing that the defendant had committed or was committing an offense. In making this determination, we examine the totality of the facts and circumstances. Homan, 89 Ohio St. Necessary to this determination is whether police were lawfully in position to make these observations. Coolidge v. New Hampshire , U.

Here, appellant admits the search warrant provided sufficient probable cause for police to search the apartment. A search of the apartment clearly includes a search of the bedroom where police found appellant. Therefore, we find police were authorized by the search warrant to enter and search the bedroom occupied at the time by appellant.

Eastes entered the bedroom, appellant was already handcuffed and on the floor. Eastes testified at the motion to suppress hearing that he saw illegal drugs throughout the room.

The record indicates the apartment was small, supporting a reasonable inference that the bedroom was also small. Based on the facts and circumstances known to police, we find probable cause existed at this point to arrest appellant for possession of drugs. Ohio, U. Eastes next conducted a pat-down of appellant, leading to the full search that resulted in the recovery of the illegal drugs hidden in a sandwich bag between appellant's buttocks. It is not entirely clear from the record whether the officer's purpose for the initial pat-down was a limited check for weapons pursuant to Terry v. However, that is of no consequence to the legal analysis.

Deters , Ohio App.

Robinette, 80 Ohio St. Erickson, 76 Ohio St. Even if the officer subjectively believes he lacks probable cause for arrest, a search is justified if the objective facts nevertheless establish probable cause. Florida v.

Royer , U. See, also, United States v. Roy C. Having already determined there was an objective basis establishing probable cause to arrest appellant in this instance, we find Det. Superior Courts. Trial jurisdiction and organization varies from county to county. Jurisdiction varies depending upon the size of the city. As local needs grew and more trial courts became necessary, the Indiana General Assembly created additional courts called superior courts.

The majority of Indiana trial courts are superior courts and almost all Indiana counties have superior courts in addition to their circuit court. For the most part, superior courts have general jurisdiction, so they can hear ALL civil and criminal cases. Superior courts are also charged with establishing small claims and minor offense divisions.

Class D felonies are the lowest level least serious of felony charges. Background Check. Instant Email Lookup.

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