State v. Fisher, 2014 Ohio 3029

Lancaster duplex at 126 Wyandotte Street comprises two units; upstairs 126½ and downstairs 126, with a shared entry and rear stairs.
Appellant Fisher is Shannon Al-Bataineh’s brother and resides in the downstairs unit; Shannon alleges domestic violence by Fisher.
Officers respond to a 911 call about an ax-wielding man; Shannon identifies Fisher as the aggressor and mentions a warrant for Randy Fisher.
Police obtain Shannon’s signed domestic violence affidavit, identify a possible third person in the downstairs apartment, and observe items suggesting crime (ax handle, marijuana, money) during a search.
Officers enter the downstairs apartment without a warrant, based on domestic violence allegations, a potential arrest warrant for Randy Fisher, and the belief there may be others inside; they seize contraband and secure Fisher and Randy Fisher.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the suppression court erred in denying warrantless entry.	Fisher: entry lacked exigent circumstances and warrants.	Fisher: arrest warrant and domestic-violence claim justified entry.	Motion to suppress granted; entry not justified.

Katz v. United States, 389 U.S. 347 (1967) (twofold Fourth Amendment inquiry: actual and reasonable expectation of privacy)
Payton v. New York, 445 U.S. 573 (1980) (arrest in home requires warrant or exigent circumstances for nonresident)
Steagald v. United States, 451 U.S. 204 (1981) (third-party home entry requires search warrant absent exigent circumstances)
State v. Howard, 75 Ohio App.3d 760 (1991) (police may not enter residence to arrest a nonresident without warrant)
State v. DeLong, 4th Dist. Ross No. 06CA2920, 2007-Ohio-2330 (2007) (domestic-violence investigation cannot justify warrantless entry absent emergency)
State v. Applegate, 68 Ohio St.3d 348 (1994) (emergency aid exception in domestic-violence context requires imminent threat)