Could this case be considered illegal search?

[NEOhioChick]

What is the name of your state (only U.S. law)? Ohio

Someone I know has friends that had this happen to them and I personally think that this is not an illegal search, but he wants me to research it.

Their next door neighbors called police because they said that the couple was in a fight. Domestic violence type call. When the police came to their house they walked in. I guess they didn't knock or anything. When they walked in they smelled marijuana. (I guess someone has just smoked a joint.) They then said they had probable cause to search the house. They found drugs, guns and other items associated to drug dealing. Now they are wanting to know if it was illegal for the police to just walk in.

I am having a heck of a time trying to find any cases that are related to being called for something like domestic violence and if the police can just walk in on that type of situation. (I personally believe that the police would say that it was an emergency situation and they came in to make sure that no one was hurt....but I have not read the actual police report.)

Anyone have any thoughts about this?

Thanks!

 

[justalayman]

They then said they had probable cause to search the house. They found drugs, guns and other items associated to drug dealing. Now they are wanting to know if it was illegal for the police to just walk in.

that would depend on what they can articulate as probable cause.

there would likely be an exigency that might have allowed the entry due to the DV call but it would have to be determined by all the facts of the situation.