The State of Ohio Vs. Oliver

On March 22, 2003, the Cleveland Police Department SWAT Unit, headed by SWAT Officer Warrington, approached the premises of Terry Oliver, who was being sought by the police on drug and criminal activity (of which he was later charged and indicted; he later pled not guilty to said charges), as stated in the case memorandum.

The officers knocked and yelled of their intent to enter the home as warnings to the occupants of the home. Multiple warnings were given before police entry as a standard means of operation, with several seconds between each warning.

The case is based primarily on whether Oliver and his houseguests were given a sufficient amount of time to answer the door before police entry, which if sufficient time was not given, would be the fault of the police department; though, the Law and Argument section of the memorandum states that "the police fully complied with all of the requirements under the law in knocking and announcing their presence." The appeal date was August 25, 2005, with November 15, 2006 being the scheduled trial date.

The major anticipated issues in dispute between Oliver and the Cleveland police will be the matter of door knocks executed by the SWAT team, as depicted in the appellant's brief. Also, in a counterclaim to Oliver's appeal (found in the appellee brief), is the idea of the terms of refusal (in answering the door before police entry) and whether Oliver and the other occupants of the residence were refusing in their non-motion to answer.