State v. Johnson
26 N.E.3d 243
Ohio Ct. App.2014Background
- Johnson was convicted upon no contest pleas to having a weapon while under a disability (3rd degree felony) and receiving stolen property (4th degree felony); he challenges the denial of his suppression motion for weapons found in a padlocked bedroom during a search for a probationer, Paul Charles.
- Police searched the residence at 260 Egbert Road for Paul Charles after Charles was identified as a probationer and suspected of noncompliance; Bev Charles and Johnson consented to a search of the house except the locked bedroom.
- Probation officers and deputies proceeded with a search after Charles’ probation status was confirmed and after sounds were heard from the padlocked bedroom; the lock was pried and two firearms were found under the bed.
- The home was alleged to have two addresses (260 Egbert Road and 260 1/2 Egbert Road); the court evaluated whether Charles’ probation status granted authority to search the locked bedroom.
- The trial court denied the suppression motion; the appellate court ultimately held that Paul Charles lacked common authority to search the padlocked bedroom, reversing and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Charles’ probation status gave authority to search the padlocked bedroom | State argues common authority via Charles’ probation terms | Johnson argues no common authority over the padlocked bedroom | Reversed; no common authority; suppression granted |
Key Cases Cited
- State v. Burns, 2012-Ohio-1529 (4th Dist. Highland No. 11CA14 (Ohio)) (probation search requires reasonable suspicion; limits on residence searches under probation)
- United States v. Knights, 534 U.S. 112 ((2001)) (probation searches may be allowed with reasonable suspicion)
- State v. Roberts, 110 Ohio St.3d 71 (2006-Ohio-3665) (burden on state to prove constitutionality of warrantless search)
- State v. Karns, 2011-Ohio-6109 (5th Dist. Fairfield No. 11CA18) (probation status does not automatically authorize search of all dwelling parts)
- Matlock v. United States, 415 U.S. 164 ((1974)) (common authority for third-party consent)
- Gibson, 164 Ohio App.3d 558 (2005-Ohio-6380) (common authority standard for third-party consent)