OH10: DV victim who shared house had apparent authority to consent to search for weapon

Police were called to a domestic disturbance, and the victim in the house had the apparent authority to consent to search of a Home Depot bucket in their house where a gun was found. State v. Henize, 2019-Ohio-5202, 2019 Ohio App. LEXIS 5270 (10th Dist. Dec. 17, 2019).*

An unjustified takedown by an officer of an arrestee would violate clearly established law, but this wasn’t unjustified, albeit poorly executed. “What resolves this appeal in Rogers’s favor is this: Johnson, who had told the officers that he wanted to run away, was not under control when Rogers tried to use his knee to unbalance Johnson, who remained on his feet until Rogers took a further step. If that further step is best understood as a kick, it must also be understood as an attempt to regain control. That such an attempt causes injury, perhaps because poorly executed, does not lead to liability.” Johnson v. Rogers, 2019 U.S. App. LEXIS 37254 (7th Cir. Dec. 17, 2019).*

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