Legal Question in Criminal Law in Ohio

illegal search

I was recently at a small party near the university of akron with approximately 30 people. The police knocked on the door and said they had a noise complaint regarding the party. the officers then entered the house and started checking i.d.'s. I said they had no right to enter the house without a search warrant. The officers said we looked young and saw beer present in the house. the officers then arrested two people for underage consumption. can the officers actually enter the house without a search warrant?


Asked on 11/07/02, 12:23 pm

2 Answers from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: illegal search

Generally, they could not enter, but the reasons they give in the police report will be determinative of that issue. I need to know whether there were a number of underage drinkers that would have been obvious to the officer, whether you think there really was a complaint, what city this was in, what time it was...

These are all factors as to whether the conditions of the situation could be considered exigent (emergency) so that the police could be justified to enter without an SW.

Call me directly if you wish:

Joe Jacobs 216-952-1990 216-227-0900

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Answered on 11/07/02, 3:58 pm
Joseph Jacobs Jacobs & Lowder

Re: illegal search

Sounds like it's challengable, 2 out of 30 ? But we need to see the police report.

Were you charged?

Joe Jacobs 216-952-1990 216-227-0900

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Answered on 11/07/02, 4:01 pm


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