OH4: Padlocked bedroom in house shared with probationer couldn’t be searched by PO

Police and a probation officer entered defendant’s premises because his housemate was on probation. A padlocked bedroom could not be searched because there was no reason to believe it was the probationer’s. One officer testified to hearing noises inside, another heard nothing. State v. Johnson, 2014-Ohio-5400, 2014 Ohio App. LEXIS 5226 (4th Dist. December 4, 2014).

“[M]ere oral threats to arrest and use force to enforce a court order, without the alleged actual use or even show of any force, do not cross the line from tortious misconduct to a violation of substantive due process.” Renneke v. Florence County, 2014 U.S. App. LEXIS 23079 (7th Cir. December 8, 2014).*

The frisk of defendant was lawful based on a second officer’s earlier observation defendant had a gun in his waistband before fleeing. State v. Sellers, 2014-Ohio-5366, 2014 Ohio App. LEXIS 5202 (2d Dist. December 5, 2014).*