Cleveland v. Shaker Hts. Apts. Owner, L.L.C.

Citations

• 2026 Ohio 449

Syllabus

Motion to suppress; consent to search/inspect; criminal penalties for organizations; community-control sanctions; fines; R.C. 2929.31. Trial court properly denied appellant's motion to suppress where there was competent, credible evidence in the record to establish that the inspector obtained consent from persons with common and/or apparent authority. Trial court abused its discretion in imposing fines well over the statutory maximum. Trial court was permitted to impose community-control sanctions on an organization where R.C. 2929.31 applied to organizational fines but did not preclude the court from imposing penalties under R.C. 2929.24-2929.28. However, the trial court abused its discretion in imposing community- control conditions that were overbroad and did not meet the misdemeanor sentencing requirements of rehabilitation and preventing future crime.