OH4: Officers were admitted into a private gambling room in a private club by consent

The defendant business was a private club running a gambling operation in a private room in the back. Officers were able to get in without misrepresenting their identity. The entry was by consent. State v. Sky Lake, 2018-Ohio-1707, 2018 Ohio App. LEXIS 1838 (4th Dist. May 2, 2018):

[*P28] Considering the above-cited case law, which consistently finds, relying on the Supreme Court of Ohio’s holding in Posey, supra, that entry by undercover officers into private clubs is lawful 1) when the officers enter as a member without disclosing that they are police officers; 2) enter with a member through a door where a doorperson is present but does not request to see the credentials of the member prior to entry; or 3) enter with a member through a door without encountering a person or having to provide credentials. We find the reasoning of Posey applies, even more so, to the facts herein where the establishment at issue is not a private club, but rather a public restaurant and pay lake. Although we are mindful Appellants do have a right to maintain certain areas as private in their otherwise public facility, the facts here do not demonstrate that Appellants actually had a reasonable expectation of privacy as to the game room.

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