If law enforcement officials have a reason to believe that you have drugs or drug paraphernalia in your home, they will likely want to enter your home to try to prove their suspicions. However, your home, apartment or room is your own private space, and law enforcement officers cannot enter unless you grant them explicit permission to do so or under very special circumstances.
Generally speaking, if law enforcement officials wish to enter your private property in order to gain evidence that you have committed a drug crime, they must first be in possession of a search warrant. A search warrant can only be obtained by the courts. A search warrant is needed to override what is stated in the Fourth Amendment, the assertion that it is the right of all people to be secure in their houses from unreasonable searches and seizures.
When can a search warrant be obtained?
A search warrant can be obtained when law enforcement officials present a case to the courts showing why there is probable cause existing to believe that the property in question has some evidence that will help with a crime. If there is a time-sensitive situation, law enforcement can potentially make the decision to search the property in question without a warrant.
If you believe that you have been subject to an illegal search and seizure in the state of Ohio in relation to drug possession, it is important to take action. This is because law enforcement may not be able to use any evidence found if they obtained it from an unlawful search.